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

248 Cal. Rptr. 3d 191, 35 Cal. App. 5th 999
CourtCalifornia Court of Appeal, 5th District
DecidedMay 31, 2019
DocketA153296; A156093
StatusPublished
Cited by10 cases

This text of 248 Cal. Rptr. 3d 191 (People v. J.M. (In re J.M.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. J.M. (In re J.M.), 248 Cal. Rptr. 3d 191, 35 Cal. App. 5th 999 (Cal. Ct. App. 2019).

Opinion

Fujisaki, J.

*1003J.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 6021 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 *193case 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 In the unpublished portion of our opinion, we order that the juvenile court's imposition of a registration fee for the appointment of counsel and the discretionary probation conditions be stricken from the December 4, 2017, disposition order. We also order that the prohibition against J.M. possessing a "weapon" until age 30 be amended to substitute "firearm" for "weapon," consistent with Penal Code section 29820, subdivision (b). The juvenile court is directed to amend its records in a manner consistent with this opinion and to forward copies of all such pertinent documents to the Director of DJJ (see post , part E). We also direct the trial court clerk to correct the date on the notice of appeal (see post , part A, fn. 3). In all other respects, we affirm the disposition order, without prejudice to J.M. raising the issue of additional post-disposition credits in the juvenile court (see post , part D), and we deny the petition for a writ of habeas corpus.

FACTUAL BACKGROUND

Free access — add to your briefcase to read the full text and ask questions with AI

Related

R.D. v. Super. Ct.
California Court of Appeal, 2025
People v. I.B.
California Court of Appeal, 2024
In re J.R. CA2/6
California Court of Appeal, 2023
In re Nicholas P. CA1/2
California Court of Appeal, 2023
People v. Chatman CA1/1
California Court of Appeal, 2023
In re T.O.
California Court of Appeal, 2022
People v. Lua CA1/4
California Court of Appeal, 2021
People v. Vallejo CA4/3
California Court of Appeal, 2021
People v. Munoz
California Court of Appeal, 2019

Cite This Page — Counsel Stack

Bluebook (online)
248 Cal. Rptr. 3d 191, 35 Cal. App. 5th 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jm-in-re-jm-calctapp5d-2019.