In re Jose O.

People v. Jose O.

Good Law
180 Cal. Rptr. 3d 804·2014 Cal. App. LEXIS 1122·232 Cal. App. 4th 128
Court of Appeal of CaliforniaDecember 9, 2014A141001California2,753 words

Opinion

Opinion

Humes, J.

Jose O. challenges juvenile court orders dismissing dependency jurisdiction under Welfare and Institutions Code section 300, finding he committed the misdemeanors of contributing to the delinquency of a minor, simple battery, and obstructing or resisting a peace officer, and declaring him a ward of the court under Welfare and Institutions Code section 602. He argues (1) the juvenile court abused its discretion by treating him as a delinquent instead of preserving his status as a dependent and (2) insufficient evidence was presented that he contributed to the delinquency of a minor. In the unpublished portion of this opinion, we conclude that the court properly treated Jose as a delinquent. In the published portion of this opinion, we agree there was insufficient evidence he contributed to the delinquency of a minor. Accordingly, we reverse that finding and remand for a further disposition hearing but otherwise affirm the judgment.

I.

Factual and Procedural Background

Jose’s family has a long history of involvement in the child welfare system, and Jose became a dependent of the Mendocino County juvenile court in 2008. He was eventually placed in a group home in Antioch,…

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