In re Marc H.
Following a jurisdictional hearing, the juvenile court found true the allegation that minor committed misdemeanor battery. (Pen. Code, 242.) Minor was declared a ward of the court and granted formal probation. Minor contends that he should have been placed on informal probation, which could have occurred at two separate points in the proceedings. First, minor asserts that prior to a petition being filed, the probation officer that evaluated his case abused her discretion by using improper factors in deeming him unsuitable for informal probation. (Welf. & Inst. Code, 654.) Second, minor contends that after the petition was filed, but prior to the court making a true finding, the juvenile court should have exercised its discretion to refer the case back to the probation department for informal supervision. (Welf. & Inst. Code, 654.2; In re Adam R. (1997) 57 Cal.App.4th 348, 352-353 [Welf. & Inst. Code, 654.2 informal probation is available postpetition, but must be implemented before adjudication of the charges].) Minor requests the juvenile court be directed to set aside the true finding and place minor on informal probation. The judgment is affirmed.
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