In Re JM

Good Law
170 Cal. App. 4th 1253·89 Cal. Rptr. 3d 31
Court of Appeal of CaliforniaJanuary 21, 2009F054783California712 words

Opinion

Opinion

The juvenile court rejected 14-year-old J.M.'s claim that he was acting in self-defense when he plunged a sharpened screwdriver into the back of Jorge Flores Rajillo and thus the court found true the allegation that J.M. committed an assault with a deadly weapon. J.M. was sent to a group home. He appeals, claiming the evidence does not support the court's findings, the court failed to determine if the assault was a misdemeanor or a felony, and his conduct credits were improperly calculated.

The probation officer's report calculated that as of January 9, 2008, J.M. was entitled to 177 days of custody credits. J.M.'s disposition hearing did not take place until January 22, 2008, yet the court awarded only 177 days of credit. At the hearing on January 22, 2008, the court removed J.M. from his parents' custody and placed him in the custody of the probation department with the intent that he be placed in a foster or group home. The court then set a date for a "two week placement review." J.M. was detained in juvenile hall during the interim period. On February 6, 2008, at the "review hearing," it was reported that J.M. would be transported on February 7, 2008, to a group home. No…

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