People v. J.M. (In re J.M.)

*1003 J.M., a minor, entered into a plea agreement, pursuant to which she admitted a felony charge of torture ( Pen. Code, § 206 ). The juvenile court declared J.M. a ward of the court pursuant to Welfare and Institutions Code section 602 1 and committed her to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (also Division of Juvenile Facilities; hereafter DJJ) 2 for a maximum term of seven years, with credit for 206 days in custody. On appeal, J.M. contends the juvenile court did not make certain legally required findings and abused its discretion. J.M. also contends her admission was not voluntary and her counsel rendered ineffective assistance. Moreover, in supplemental briefing, J.M. argues the *193 case should be remanded so that the juvenile court can determine whether to grant her a mental health diversion under Penal Code sections 1001.35 and 1001.36. In a consolidated petition for writ of habeas corpus, J.M. reiterates her claims of ineffective assistance of counsel and involuntary admission.

In the published portion of our opinion, we conclude the mental health diversion law does not apply to juveniles in delinquency proceedings. In the…