In re A.P. CA1/3

Filed 10/24/13 In re A.P. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION 3

In re A.P., a Person Coming Under the Juvenile Court Law. THE PEOPLE, A137510 Plaintiff and Respondent, (Alameda County v. Super. Ct. No. SJ11177842) A.P., Defendant and Appellant.

Appellant A.P. seeks to reverse an order of commitment after a juvenile court found he committed felony assault by a means of force likely to produce great bodily injury under Penal Code section 245, subdivision (a)(4). Because substantial evidence supports the juvenile court’s finding that his punching another person in the face twice constituted force likely to produce great bodily injury, we affirm. Background The Masjidul Waritheen mosque stands at the corner of 47th Avenue and Bond Street in Oakland, approximately one block away from Fremont High School. Students from the nearby school frequently loitered, littered and smoked marijuana around the mosque. Fed up with truant students loitering around the mosque, Imam Faheem Shuaibe contacted the school. The school’s principal requested Shuaibe somehow identify the students loitering outside the mosque so the school could notify specific parents.

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Thereafter, Shuaibe and other mosque attendees began photographing and video- recording the students they observed loitering outside the mosque during school hours. Around 8:15 a.m. on November 5, 2012,1 Shuaibe stood in front of the mosque and observed a group of five high school aged individuals walking from the direction of the school after Shuaibe heard the school bell ring. Shuaibe believed they were truant students and hoped to preserve their identities for reporting to the school, so he began filming the group with his mobile phone. By his side, he kept a three- or four-foot-long thin wooden stick, which he used to fend off stray neighborhood dogs. As the individuals came closer, members of the group demanded he stop filming and threatened “we gon’ beat your ass,” but Shuaibe continued recording. Seventeen-year-old A.P. emerged from the group, walked towards Shuaibe and uttered “stop taking those pictures, nigga.” They stood eye-level to each other, but Shuaibe was “much bigger” in weight. Then, with an open palm, A.P. swung at Shuaibe with his right hand and struck Shuaibe’s fingers, knocking the phone approximately 30 feet into the middle of the street. Shuaibe responded by moving aggressively towards A.P., holding the wooden stick at shoulder height. A.P. raised his hands and struck Shuaibe twice in the face with closed fists. The first punch landed on the lower part of Shuaibe’s chin and second landed above his right eye. Shuaibe lost balance and fell backwards onto the ground, dropping the stick. While Shuaibe was on his back on the ground, A.P. climbed on top of him and the two tussled. Shuaibe was eventually able to use his greater weight to wrestle with A.P. and pin him down. At some point during the struggle, other members of A.P.’s group hit Shuaibe on his back and on the back of his head with Shuaibe’s stick. As Shuaibe pinned A.P. on the ground, two acquaintances of Shuaibe arrived and pulled them apart. Shuaibe stood up and kicked A.P. in the right side of his face. At that point, all other members of A.P.’s group had left. Shuaibe’s acquaintances were able to detain A.P. until the police