In re D.W.
Filed 7/26/06 In re D.W. CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| In re D. W., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. D. W., Defendant and Appellant. | A112418 (Alameda County Super. Ct. No. SJ05001845) |
Appellant D. W. appeals after the juvenile court sustained one count of misdemeanor simple battery in a juvenile wardship petition (Welf. & Inst. Code, § 602).[1] On appeal, he contends (1) the juvenile court abused its discretion when it removed him from his mother's home because there was insufficient evidence to support the removal; (2) the juvenile court applied an incorrect legal standard in ruling on appellant's application for rehearing; and (3) the court's November 23, 2005 minute order incorrectly reflects imposition of a $50.00 restitution fine. We shall strike the mistakenly imposed restitution fine order, but shall otherwise affirm the orders.
PROCEDURAL BACKGROUND
On July 28, 2005, appellant was charged by juvenile wardship petition with misdemeanor battery on school property (Pen. Code, § 243.2).
On August 23, 2005, appellant admitted the allegation in the petition, as amended to allege misdemeanor simple battery (Pen. Code, § 242).
On October 14, 2005, the juvenile court adjudged appellant a ward of the court and placed him on probation in his mother's custody.
On October 31, 2005, the probation department filed a supplemental petition, pursuant to section 777, alleging that appellant violated the terms and conditions of his probation in that he was â€
