In re Josue H. CA2/5
On May 3, 2016, minor defendant Josue H. and his mother engaged in a heated argument in their home. After breaking his bedroom door, Josue proclaimed he would stab his stepfather and stepbrother if they got closer. Josue stated he had a knife. Josue’s brother saw a knife approximately four feet away from Josue.
On May 4, 2016, a Welfare and Institutions Code section 602 petition was filed alleging that Josue committed two counts of making unlawful criminal threats, in violation of Penal Code section 422, subdivision (a). The juvenile court found both counts true and declared both offenses to be misdemeanors. The court ordered “custody [of Josue] be taken from parents or guardians” because “no reasonable means exist to protect the minor without removal.” Josue was ordered suitably placed in an “[o]pen facility.” The court also ordered that Josue may not be “held in physical confinement for a period to exceed 16 months.”
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