In re J.M. CA5

BACKGROUND

On December 9, 2021, 16-year-old minor was involved in a large student dispute outside his school. When a female teacher heard minor talking to another student about fighting each other, she tried to intervene. She moved between minor and the other student to protect the student from an attack. She told minor to stop and put her hand up, touching minor. In response, minor pushed her with both hands. She told him again to stop and he pushed her a second time. More staff then intervened and removed minor from the incident. On May 9, 2022, a juvenile petition was filed pursuant to Welfare and Institutions Code section 602 alleging minor committed misdemeanor battery against the teacher (Pen. Code, § 243, subd. (a); count 1). At the detention hearing on May 23, 2022, minor was released to his mother on home supervision. On October 17, 2022, an amended petition was filed with an additional allegation of misdemeanor public fighting or threatening to fight (Pen. Code, § 415, subd. (1); count 2). On October 27, 2022, a contested jurisdiction hearing was held. The juvenile court found count 1 true; but the court found count 2 not true. On November 17, 2022, the disposition…