In re Z.P. CA2/3

Filed 1/7/25 In re Z.P. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re Z.P., a Person Coming Under the Juvenile Court Law.

B330620 THE PEOPLE, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. SJ0107A)

v.

Z.P.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, David Yaroslavsky, Judge. Reversed and remanded. Eileen Manning-Villar, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant

Attorney General, Noah P. Hill and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

The juvenile court declared Z.P. a ward of the court based on the finding that he committed attempted sexual battery by restraint. (Pen. Code, §§ 664, 243.4, subd. (a).)1 On appeal, Z.P. contends there is insufficient evidence to support the juvenile court’s finding. The People concede that substantial evidence does not support the juvenile court finding because there is insufficient evidence of restraint. However, they request that we modify the true finding by reducing it to the lesser included offense of attempted misdemeanor sexual battery, which does not require restraint. (§ 243.4, subd. (e)(1).) Z.P. has not opposed this request. Accordingly, pursuant to sections 1181 and 1260, we reverse the order, reduce the true finding to attempted sexual battery under section 243.4, subdivision (e)(1), and remand for a new disposition hearing. FACTUAL AND PROCEDURAL BACKGROUND In March 2023, the People filed a petition under Welfare and Institutions Code section 602 alleging that Z.P. committed the crimes of felony dissuading a witness by force or threat (§ 136.1, subd. (c)(1); count 1) and misdemeanor attempted sexual battery by restraint (§§ 664, 243.4, subd. (a); count 2). Z.P. denied the allegations. A contested adjudication hearing took place in July 2023.