In Re Leon S.

Appellant Leon S. was found to have trespassed on school property after he had been suspended from school, in violation of Penal Code section 626.2. He was continued on probation. Appellant raises two contentions in this appeal: (1) there was insufficient evidence that he was sent a notice of suspension by certified or registered mail; and (2) he did not receive a proper hearing before he was suspended. We agree with the first contention, and therefore we need not reach the second.

I. FACTS AND PROCEDURAL HISTORY

On December 7, 2004, high school assistant principal Tad Scott (Scott) suspended appellant, a student, for a period of three days, for disruptive behavior. According to Scott, appellant was disruptive, uncooperative, and cursing. Appellant also “brushed” up against Scott during a confrontation in his office. As a result, Scott advised appellant that his suspension, which was initially proposed for two days, would be increased to three days. In Scott’s office, appellant signed a suspension form dated December 7. The form, placed into evidence as exhibit A, stated the reasons for the suspension, and warned appellant that he could not enter the school or adjacent…