In re K.M.

Good Law
Court of Appeal of CaliforniaJune 20, 2024A168834California1,803 words

Opinion

Opinion

Guez, J.

BACKGROUND

In December 2022, a student at Pomilita Middle School reported K.M. was “vaping in the bathroom.” A campus supervisor took K.M. to the principal’s office, and K.M. consented to a search of his backpack. The principal found two vape pens — one for marijuana and the other for

1 nicotine — and a folding knife with two rusted blades, each approximately three inches long. A few hours later, the principal received a report that K.M. threatened another student with the knife earlier in the day. A responding police officer interviewed the students involved, confiscated the knife, and issued K.M. a citation for brandishing a knife and for possession of a knife on school grounds. In March 2023, the prosecution filed a wardship petition (Welf. & Inst. Code, § 602, subd. (a)) alleging K.M. brought a weapon — a folding knife — onto school property (§ 626.10, subd. (a)(1); count one) and brandished the knife (§ 417, subd. (a)(1); count two). In August 2023, the juvenile court held a contested jurisdictional hearing at which the principal and the police officer who issued the citation testified. Ultimately, the court found K.M. committed count one and designated the offense a…

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