People v. Muhammed C.

Opinion

PREMO, Acting P. J.

juvenile court found appellant Muhammed C. to be a person described by Welfare and Institutions Code section 602 in that he resisted, delayed, or obstructed an officer (Pen. Code, § 148, subd. (a))

1

and committed an assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)). On appeal, appellant contends that no substantial evidence supports the finding as to section 148, subdivision (a). We disagree and affirm the judgment.

[1328]

Scope of Review

Our review is governed by the same principles applicable to adult criminal appeals.

(In re Roderick P.

(1972) 7 Cal.3d 801, 809 [103 Cal.Rptr. 425, 500 P.2d 1].) Our function is “to determine whether the record contains any substantial evidence tending to support the finding of the trier of fact, and in considering this question we must view this evidence in the light most favorable to the finding.”

(Id.

at p. 808.) Substantial evidence is evidence that is reasonable, credible, and of solid value such that a reasonable trier of fact could find the appellant guilty beyond a reasonable doubt.

(People

v.

Johnson

(1980) 26 Cal.3d 557, 578 [162 Cal.Rptr. 431, 606 P.2d 738, 16 A.L.R.4th 1255].) The test is not whether guilt is established beyond a reasonable doubt, but whether any “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”

(Jackson

v.

Virginia

(1979) 443 U.S. 307, 319 [99 S.Ct. 2781, 2789, 61 L.Ed.2d 560].)

Background

Seaside Police Officer Terry Baggett had arrested Richard Robinson on drug charges and placed him in the back of a patrol car outside of Nations Market. The back window of the car was partially down. While Officer Baggett and other officers processed Robinson’s car across the street, appellant approached the back of the patrol car and spoke to Robinson. Officer Chetinger ordered appellant to step away from the vehicle. Appellant continued talking to Robinson. Officer Baggett then ordered appellant away. Lieutenant Moningham also ordered appellant away. Appellant then extended his right hand out to the back, raising his palm towards the officers. Officer Baggett told appellant to step away from the patrol car or the officers would take him to jail. Officer Chetinger then began to cross the street and approach appellant. He again ordered appellant to step away from the patrol car. Appellant then walked toward Officer Chetinger. Officer Baggett joined the two and escorted appellant across the street. Lieutenant Lumpkin said something to appellant about breaking the law, appellant said some words in reply, and Lieutenant Lumpkin grabbed appellant’s right arm and announced that appellant was under arrest. Appellant then pulled his arm out of Lieutenant Lumpkin’s grasp. The officers reached out and grabbed appellant. Officer Baggett testified that he was processing Robinson’s car, which contained contraband, and “had to stop and deal with [appellant].”