In re A.J. CA1/3
Filed 4/17/25 In re A.J. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publi- cation or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or or- dered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
In re A.J., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, A168972 Plaintiff and Respondent, v. (Alameda County Sup. Ct. Nos. JV01253602, A.J., JV01253603) Defendant and Appellant.
A.J. appeals from a juvenile court order that sustained a petition charging him with assault with a deadly weapon and inflicting great bodily injury. (Welf. & Inst. Code, § 602.) He contends insufficient evidence supported the findings. In particular, he argues insufficient evidence supported the court’s finding that he did not act in self-defense. We affirm. BACKGROUND In November 2022, 17-year-old A.J. and a friend approached Jane Doe — an unhoused woman living in People’s Park in Berkeley — to buy marijuana. Just before retrieving the marijuana, Jane recalled A.J. had previously robbed her. She turned to her friend, John Doe, and said, “ ‘This person robbed me before.’ ” John proceeded to hold A.J. from behind in “a 1
bear hug,” pinning his arms. The two fell to the ground. John released A.J., who ran away from the park. Minutes later, A.J. and his friend returned. The two began swinging a board or pole towards Jane and another park resident. John picked up a broken broomstick, approximately one foot in length, and hit each minor once. He did not hit them hard and simply wanted to get their attention. When attempting to back away, John fell, and the broomstick fell out of his hands. He curled up and used his hands to shield his face and head from A.J. and his friend, who were swinging their objects at him. Police officers stopped the fight and collected a “four-by-four wood stick” and metal pole covered in blood. A.J. had a busted lip but no broken bones. John had three large lacerations on his head requiring approximately 16 staples. The district attorney filed a juvenile wardship petition alleging A.J. committed felony assault with a deadly weapon, with personal infliction of great bodily injury on John. (Pen. Code, §§ 245, subd. (a)(1), 12022.7, subd. (a), undesignated statutory references are to this code.) After a hearing, the juvenile court concluded A.J. did not act in self-defense, and it found true allegations that A.J. committed an assault with a deadly weapon and intentionally inflicted great bodily injury. It sustained the petition and declared A.J. to be a ward of the court. DISCUSSION A.J. contends there was insufficient evidence to support the juvenile court’s findings regarding assault with a deadly weapon because he acted in self-defense. He also challenges the sufficiency of the evidence supporting the finding that he used deadly force to inflict great bodily injury. We find neither contention persuasive.
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