In Re Ricky T.

February 2, 2000, a Welfare and Institutions Code section 602 petition was filed against appellant Ricky T. alleging that he made a felonious terrorist threat (Pen. § 422) and threatened a teacher with the intent of preventing him from performing his duties (§ 71).

On April 26, 2000, in a jurisdictional hearing, the parties stipulated that the matter be submitted on two police reports. The stipulation further provided that the People would not seek a felony finding and that appellant would waive any hearsay objections to the police reports. After hearing argument from the parties, the juvenile court found that appellant committed a misdemeanor terrorist threat in violation of section 422. The court did not sustain the section 71 count.

The court adjudged appellant a ward of the court. The court ordered appellant incarcerated in the county juvenile facility for 30 days, suspended its order and placed appellant on probation with his father.

Appellant contends that the record does not support the juvenile court’s finding that appellant committed a violation of section 422. Because of the paucity of facts in the two police reports, we agree and reverse.

Statement of…