In re J.S.
The minor’s appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance with Kelly, we will provide a summary of the offenses and the proceedings in the trial court.
In July 2011 law enforcement responded to a security alarm at Hamilton Elementary School. When they arrived, officers found a classroom window shattered and two people inside. As the officers approached the classroom, J.S. fled, dropping a hammer and flashlight, and shoving one of the officers. One of the officers ran after J.S. and ordered him to stop; J.S. stopped and “took a fighting stance with the officer.†The officer took out his Taser and ordered J.S. to the ground. J.S. complied. The officers inspected the classroom. The room was “ransacked,†and there was graffiti spray-painted on the walls.
J.S. was detained and charged with second degree burglary (Pen. Code, § 459), vandalism (Pen. Code, § 594, subd. (b)(1)), possession of tools to commit vandalism (Pen. Code, § 594.2, subd. (a)), resisting a peace officer (Pen. Code, § 148, subd. (a)(1)), and possession of burglary tools (Pen. Code, § 466). J.S. later admitted the truth of the allegations and was granted deferred entry of judgment. (Welf. & Inst. Code, § 790.) J.S. was released into his mother’s custody.
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