In re J.B. CA3
Opinion
Opinion
Renner, J.
I. BACKGROUND
The minor’s, J.B., mother found minor, who was 15 years old, with his hand down the front of his five-year-old stepsister’s, A.A., underwear. A.A. said the minor touched
1 her “[i]n [her] bottom” and he made her put her mouth on his penis. A petition was filed against the minor under Welfare and Institutions Code section 602 alleging the minor committed a lewd or lascivious act with a child under 14 years old. (Pen. Code, § 288, subd. (a).) On December 18, 2020, the minor filed a motion to dismiss the petition because of a delay in obtaining the body camera video from the investigating police officer. After briefing and oral argument, the trial court denied the motion. The juvenile court held a contested jurisdiction hearing over several days taking testimony from A.A., the mother, and the investigating police officer. On May 14, 2021, the juvenile court found the charge true beyond a reasonable doubt and declared the minor a ward of the court under Welfare and Institutions Code section 602. The juvenile court transferred the case to Contra Costa County for disposition because that was the minor’s county of residence.