People v. Brian F.

Opinion

SONENSHINE, Acting P. J.

Brian F. appeals after the juvenile court sustained a petition (Welf. & Inst. Code, § 602) alleging he committed an assault with a deadly weapon (Pen. Code, § 245, subd. (a)) involving two victims. We affirm.

Brian left a party at Todd Anderson’s residence but soon returned. He drove past the house, tossed a firecracker into the street, turned his car around and parked in front of the residence. Other guests gathered in the street. Brian got out of his car, pointed a cocked rifle in their direction and talked with some of the people. He then drove his car further down the block and stopped again.

The host approached the car and spoke with Brian. As they were talking, other guests walked toward the car. One of them, Austin Smith, started fighting with Todd. More guests gathered around the car. The fight between Todd and Austin continued behind Brian’s car, which began to roll slowly backward. Brian accelerated. Both Todd and Austin were severely injured when the car rolled over them.

[674]

I

Brian argues the trial court misconstrued

People

v.

Lathus

(1973) 35 Cal.App.3d 466 [110 Cal.Rptr. 921]. The defendant in

Lathus,

a passenger in a car traveling on a highway, shot at a parked car, injuring the driver who was standing next to the car. Lathus was convicted of assault with a deadly weapon. He attacked the sufficiency of the evidence, arguing the “People failed to prove that he fired the gun at or in the direction of the stalled automobile with actual knowledge that someone was in or near the vehicle.”

(Id.,

at p. 469.) The appellate court upheld his conviction, finding “[t]he jury reasonably could find that appellant deliberately shot at the parked automobile with actual knowledge that there were people in or near it and that he did so with conscious disregard of their safety.”