Filed 8/20/24 In re J.M. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions 

not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion 

has not been certified for publication or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re J.M., a Person Coming 

Under the Juvenile Court Law.

2d Juv. No. B332252

(Super. Ct. No. IJ0012A)

(Los Angeles County)

THE PEOPLE,

 Plaintiff and Respondent,

v.

J.M.,

 Defendant and Appellant.

J.M. appeals from the juvenile court’s order of wardship 

following a true finding that he committed misdemeanor sexual 

battery. (Pen. Code, § 243.4, subd. (e)(1).)1 

We appointed counsel to represent appellant in this appeal. 

After an examination of the record, counsel filed an opening brief 

1 All further statutory references are to the Penal Code

unless otherwise stated.
2

that raises no arguable issues. On May 1, 2024, we notified 

appellant by mail that he had 30 days within which to personally 

submit any contentions or issues he wished us to consider. The 

30 days have since passed, and appellant has not presented any 

contentions or issues for our consideration. 

In October 2022, appellant, then 16 years old, arranged to 

meet 15-year-old K.L. after school at the staircase of a building 

on school property where students would meet to “make out.” 

K.L. had a “little crush” on appellant and thought they would

“hug and kiss.”

When appellant and K.L. met at the staircase, their 

interaction was captured on video surveillance. During their 

interaction, appellant grabbed K.L., pulled her onto his lap, and 

held onto her waist. He also thrust himself against her from 

behind. At one point, K.L. straddled and kissed appellant, but 

repeatedly tried to retrieve her backpack from appellant so she 

could leave. When school officials learned of the incident, they 

contacted police.

In December 2022, the People filed a petition pursuant to 

Welfare and Institutions Code section 602 alleging appellant

committed sexual battery by restraint (§ 243.4, subd. (a), count 

1), a misdemeanor. In July 2023, the petition was amended to 

add an additional allegation of misdemeanor sexual battery. (§ 

243.4, subd. (e)(1) [nonconsensual intimate touching for the 

purpose of sexual arousal], count 2.)

At the contested jurisdiction hearing, K.L. acknowledged 

she kissed appellant, but testified that she did not want “more 

[than] kissing” to happen. According to K.L., appellant touched 

her vagina over her clothes, pulled his penis out, grabbed her,

and pulled her down onto his lap. She was scared, told appellant
3

to “stop,” that she needed to leave, but did not feel she could 

because appellant kept grabbing her and had her backpack. 

After hearing argument and considering the evidence, the 

juvenile court sustained the petition as to count 2 and dismissed 

count 1. At the disposition hearing, the juvenile court declared 

appellant a ward of the court, ordered him placed home on 

probation subject to various conditions, and issued a three-year 

restraining order. 

We have reviewed the entire record and are satisfied that 

appellant’s counsel has fully complied with her responsibilities 

and that no arguable issue exists. (People v. Wende (1979) 25 

Cal.3d 436.)

Disposition

The judgment is affirmed. 

NOT TO BE PUBLISHED.

YEGAN, Acting P. J.

We concur:

BALTODANO. J.

CODY, J.
J. Christopher Smith, Judge

Superior Court County of Los Angeles

______________________________

Mary Bernstein, under appointment by the Court of 

Appeal, for Defendant and Appellant.

No appearance for Respondent.