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

California Court of Appeal, 5th District

Decided March 11, 2019No. 2d Juv. No. B280998PublishedCited by 9 opinions

1Opinion of the CourtGilbert, P. J.

*584*1179M.S. appeals an order of the juvenile court sustaining the allegations of a Welfare and Institutions Code section 602 petition and declaring her a ward of the court. Among other conclusions, we decide that sufficient evidence exists that M.S. committed second degree murder. ( Pen. Code, §§ 187, subd. (a), 189, 12022, subd. (b)(1) [personal use of deadly weapon (knife) ].)1

Is M.S. eligible to be considered for referral to a mental health diversion program pursuant to the newly enacted sections 1001.35 and 1001.36?

*1180No. The new mental health diversion law does not apply to juveniles. Even if…

2Cases cited24 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Fare v. Michael C.Supreme Court of the United States · 1979
  4. People v. YoungCalifornia Supreme Court · 2005
  5. People v. JenkinsCalifornia Supreme Court · 2000

19 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. Weir, California Court of Appeal, 5th District2019
  2. People v. J.M. (In re J.M.), California Court of Appeal, 5th District2019
  3. People v. FedericoCalifornia Court of Appeal · 2020
  4. People v. GonzalezCalifornia Court of Appeal · 2024
  5. People v. HollidayCalifornia Court of Appeal · 2024

4 more not listed; retrieve them via the Exa API.

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