In re D.M. CA1/4

I. FACTUAL BACKGROUND

In January 2013, the district attorney’s office filed three section 602 petitions alleging respectively that defendant committed misdemeanor battery on his stepfather (Pen. Code, § 242); possessed marijuana on school grounds (Health & Saf. Code, § 11357, subd. (e)); and committed misdemeanor grand theft (Pen. Code, § 487, subd. (a)). Defendant admitted the misdemeanor battery and grand theft allegations. The misdemeanor grand theft charge was based on defendant’s theft of a cell phone, laptop, and camera from an acquaintance. The court dismissed the marijuana possession allegation. On March 13, 2013, the court committed defendant to the juvenile hall for a period of 18 to 25 days followed by community detention for 30 to 35 days. Defendant’s performance on community detention was unsatisfactory. On April 23, 2013, the probation department filed a section 777 petition alleging that defendant violated a court order by failing to appear for chemical testing and not attending counseling. Defendant admitted that he failed to attend a counseling program; the court continued defendant on community detention, but committed him to an additional 35 to 40 days in…