In re W.S. CA3
Filed 5/13/25 In re W.S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----
In re W.S., a Person Coming Under the Juvenile Court C100996 Law.
THE PEOPLE, (Super. Ct. No. 23JD3159602)
Plaintiff and Respondent,
v.
W.S.,
Defendant and Appellant.
Following a dispositional hearing, the juvenile court adjudicated minor W.S. a ward of the juvenile court based on true findings he committed the crimes of attempted murder, assault with force likely to cause great bodily injury, and possession of a dirk or dagger. The juvenile court set the baseline term of confinement at four years. On appeal, minor contends the juvenile court’s finding he had the intent to kill was unsupported by
1
the evidence. Minor also contends the juvenile court erred by setting his baseline term of confinement at four years. We affirm. FACTUAL AND PROCEDURAL BACKGROUND One evening, Z.P. and his girlfriend picked up Z.P.’s girlfriend’s brother in a parking lot where other teenagers were gathering. Once Z.P. parked his truck, three male teenagers, including minor, approached the passenger side of the truck and started flirting with Z.P.’s girlfriend. This angered Z.P., and Z.P. told the teenagers to step away from his truck and stop flirting with his girlfriend. The teenagers would not stop and instead acted “passive aggressive” and “hostile,” and like they were looking for a fight. Z.P. got out of the driver’s side door, and the three teenagers moved to his side of the truck. Z.P. showed the three teenagers his butterfly knife and did a quick trick rolling the butterfly knife through his fingers while opening and then closing the blade. When done with the trick, the butterfly knife was in Z.P.’s right hand in the closed position. One of the teenagers pointed and laughed and minor put his arm around Z.P.’s shoulders. Z.P. shrugged minor off him and minor punched Z.P. in the face. A bystander testified she saw Z.P. push minor, which started the fight. The same bystander was later stabbed by minor but claimed it was an accident. After minor punched Z.P. in the face, a fist fight ensued between Z.P. and the three teenagers. Z.P. was successful in pushing back the teenagers several times before minor pulled a knife. Z.P. then saw one of the teenagers pull out a gun and point it at him. Z.P. grabbed the wrist of the teenager pointing the gun and knocked him to the ground. The fight continued with the third teenager restraining Z.P.’s arms behind his back and minor stabbing him in the abdomen. The teenager with the gun hit Z.P. on the head with the butt of the gun. Z.P. was then stabbed again by minor, this time in the neck. Once stabbed in the neck, Z.P. stopped fighting and walked to his truck to sit. Minor ran away. A replica gun was recovered from the scene of the fight. The fight was recorded by two different devices and played for the juvenile court.
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