In re Garrett W. CA4/3

Filed 10/2/13 In re Garrett W. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re GARRETT W., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G046999 Plaintiff and Respondent, (Super. Ct. No. DL040237) v. ORDER MODIFYING OPINION GARRETT W., AND DENYING PETITION FOR REHEARING; NO CHANGE IN Defendant and Appellant. JUDGMENT

The opinion filed in this case on September 5, 2013, is ordered modified as follows: 1. On page 3, delete the last full paragraph on the page: “Minor’s admission that he touched the victim’s bare breast ‘for the purpose of annoying, harassing, intimidating, or inflicting discomfort’ on the victim, supports a determination that he acted for the purpose of abusing her. The area of her body he specifically chose to inflict this abuse on was her bare breast. That act violated the statute. Accordingly, minor’s admission supports the judge’s ruling declaring him a ward of the court.”

2. On page 3, in place of the deleted paragraph, insert the following paragraph: “Minor’s admission that he touched the victim’s breast ‘for the purpose of annoying, harassing, intimidating, or inflicting discomfort’ on the victim, supports a determination that he acted for the purpose of abusing her. The area of her body he specifically chose to inflict this abuse on was her breast. That act violated the statute. Accordingly, minor’s admission supports the judge’s ruling declaring him a ward of the court.” The modification does not change the judgment. The petition for rehearing is DENIED.

MOORE, J.

WE CONCUR:

O’LEARY, P. J.