In re Robert B. CA2/6

Filed 11/21/13 In re Robert B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re ROBERT B., a Person Coming Under 2d Juv. No. B245719 the Juvenile Court Law. (Super. Ct. No. J1286154) (Santa Barbara County)

THE PEOPLE,

Plaintiff and Respondent,

v.

ROBERT B.,

Defendant and Appellant.

Robert B. appeals from an order of the juvenile court committing him to the Department of Corrections, Division of Juvenile Facilities, for a maximum term of 12 years 10 months, based on offenses found true in multiple sustained juvenile wardship petitions. (Welf. & Inst. Code, § 602, subd. (a).) His recent offenses include a misdemeanor sexual battery. (Pen. Code, § 243.4, subd. (e)((1).)1 His sole contention on appeal is that there is not sufficient evidence he committed a misdemeanor sexual battery.2 We affirm.

1 All statutory references are to the Penal Code unless otherwise stated. 2 Appellant's recent offenses also include a felony sexual battery (§ 243.4, subd. (a)); forcible sexual penetration by foreign object (§ 289, subd. (a)(1)(A)); attempted

FACTUAL AND PROCEDURAL BACKGROUND Prosecution Case On March 14, 2012, 16-year-old C.M. walked toward her mother's car, in the high school parking lot. As C.M. opened the car's rear right door, she felt someone grabbing her buttocks. That made her "feel horrible." She turned and saw appellant, who was 15 years old. He entered the passenger side of the adjacent car, and left with its driver. C.M. and her family reported the incident. At school the next morning, appellant admitted he touched C.M.'s buttocks. He also told Santa Barbara County Sheriff Deputy Paul Weirum that he "slapped" C.M.'s buttocks but "it was not sexual in nature." He said he wanted help, and was trying to get suspended from school. Defense Evidence Appellant admitted he touched C.M.'s buttocks. He denied he had any purpose in doing so. C.M. turned, tried to elbow him, and kicked at him. DISCUSSION Appellant contends the juvenile court's finding that he committed a misdemeanor sexual battery is not supported by substantial evidence. We disagree. In deciding the sufficiency of the evidence, we review the record in the light most favorable to the judgment. (In re Sylvester C. (2006) 137 Cal.App.4th 601, 605.) We do not weigh the evidence or decide the credibility of the witnesses. "'"Before the judgment of the trial court can be set aside for insufficiency of the evidence . . . , it must clearly appear that upon no hypothesis whatever is there sufficient substantial evidence to support it."'" (In re Cesar V. (2011) 192 Cal.App.4th 989, 995.)