In re S.L. CA5

FACTS

On September 8, 2011, appellant approached a male juvenile as he walked to school in Visalia and called him a “scrap.” As the other male continued walking, appellant pushed him and punched him in the back of the head. At that point, the other male’s cousin drove up and took him to school. On April 24, 2012, the Tulare County District Attorney filed a petition charging appellant with felony battery (Pen. Code, § 242) and with committing this offense for the benefit of a street gang (Pen. Code, § 186.22, subd. (d)). On July 16, 2012, appellant admitted the allegations of the petition contingent on the court granting him DEJ. On August 9, 2012, at approximately 1:00 p.m. appellant was standing near the entrance to a woman’s restroom at a park when a Tulare police officer saw him pass a black object to a person inside the restroom. Upon seeing the officer, appellant attempted to conceal himself behind a barrier before fleeing. Appellant ignored the officer’s commands to stop and ran into a neighborhood where he eventually surrendered when he encountered a canine unit. A .40-caliber Glock handgun with a magazine containing eight rounds was found in the sink of the women’s…