In re Vanessa P. CA2/7

Filed 11/5/13 In re Vanessa P. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re VANESSA P., B246242

a Person Coming Under the Juvenile (Los Angeles County Court Law. Super. Ct. No. GJ28582)

THE PEOPLE,

Plaintiff and Respondent,

v.

VANESSA P.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robin Miller Sloan, Judge. Affirmed. Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent. ______________________

INTRODUCTION

Vanessa P. appeals from an order placing her on probation without wardship after the juvenile court found she had committed misdemeanor battery (Pen. Code, § 243, subd. (e)(1)) and sustained a petition under Welfare and Institutions Code section 602. She contends the evidence is insufficient to support the finding. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On the afternoon of October 18, 2010, Glendale Police Department Officer Alex Rolando received a radio call regarding an assault at a park at 820 East Maple Street. When he arrived at the park, he spoke to Jessica O. He noticed some swelling and redness on Jessica’s face below her left eye. After speaking with Jessica, Officer Rolando telephoned Vanessa and asked her to come to the park. Vanessa, whom Officer Rolando described as “rather petite,” arrived and told the officer that she and Jessica had previously been involved in a year-long relationship and had broken up a month earlier.1 After they broke up, Jessica had been telephoning Vanessa, calling her names and saying she wished Vanessa would die. Vanessa told Officer Rolando that she and Jessica got into an argument at the park. Her “emotions got the best of her,” and she struck Jessica in the face. Officer Rolando placed Vanessa under arrest. At the police station, Vanessa said she felt bad about hitting Jessica and never intended to hurt her. Vanessa testified that Jessica called her five or six times “throughout the day,” and at one point Jessica, who was about two inches taller and 25 pounds heavier than Vanessa, went to Vanessa’s house at 2:00 a.m. with a friend to fight Vanessa. On the day of the incident, Jessica was at the park with some friends and telephoned Vanessa.