In re E.L. CA2/7

Filed 11/13/13 In re E.L. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 E.L., a Person Coming Under the B246558 Juvenile Court Law. (Los Angeles County Super. Ct. No. TJ19742)

THE PEOPLE,

Plaintiff and Respondent,

v.

E.L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kevin L. Brown, Judge. Affirmed as modified. Courtney M. Selan, 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, Victoria B. Wilson and Jonathan J. Kline, Deputy Attorneys General, for Plaintiff and Respondent. ______________________

E.L. appeals from an order placing him on probation without wardship after the juvenile court found he had committed battery. He contends the evidence is insufficient to support the finding. We affirm the order as modified. FACTUAL AND PROCEDURAL BACKGROUND 1. The Delinquency Petition A Welfare and Institutions Code section 602 petition was filed alleging E.L., then 15 years old, had committed battery on public school property in violation of Penal Code section 243.2, subdivision (a). 2. The Jurisdiction Hearing E.L. and two female students were late to class; and the teacher, George Youngblood, asked why they were tardy. E.L. said he had been walking around. Youngblood did not recognize E.L. and questioned him further. E.L. then said he had been in detention in his prior class. Youngblood said he needed documentation of the detention and agreed E.L. could leave class to obtain it. As Youngblood was escorting E.L. to the door, E.L. said to him, “Get out of my face.” Youngblood testified he asked E.L., “What did you say?” and E.L. responded by pushing Youngblood in the chest with both hands, causing Youngblood to fall back against the wall. Youngblood regained his balance and attempted to control E.L. by restraining his “neck and head area,” walking him out the classroom and holding him against an outside railing. The principal arrived less than a minute later and demanded that Youngblood release E.L. Tyler Benion and Marlene Alvarez were students in Youngblood’s class at the time of the incident. Benion, who was sitting six or seven feet away, heard E.L. say to Youngblood, “Get out of my face.” Youngblood responded, “I’m not in your face yet.” En route to the classroom door the two of them stopped, and Youngblood said to E.L., “I’m in your face now. What are you gonna do?” Youngblood then grabbed E.L.’s necklace, put his hands around E.L.’s throat and pushed E.L. against the outside railing. Although Benion could not recall his earlier statements to police, he did not dispute telling an officer E.L. had touched Youngblood first, pushing the teacher’s chest with