In re Victor R. CA2/2

Filed 11/25/13 In re Victor R. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re VICTOR R., a Person Coming Under B248180 the Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ42787)

THE PEOPLE,

Plaintiff and Respondent,

v.

VICTOR R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Stephanie M. Davis, Juvenile Court Referee. Affirmed. Lynette Gladd Moore, 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, Assistant Attorney General, Kenneth C. Byrne and Seth P. McCutcheon, Deputy Attorneys General, for Plaintiff and Respondent.

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The minor, Victor R., appeals from an order declaring him to be a ward of the court pursuant to Welfare and Institutions Code section 602, upon findings that he had assaulted victim Jesus V. in violation of Penal Code section 241, subdivision (a), a misdemeanor. The juvenile court continued Victor R. as a ward of the court, placed him under the care and supervision of the probation department and ordered that he be suitably placed for a period not to exceed one year and five months. Appellant contends there was insufficient evidence that he committed the assault. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On February 19, 2013, the Los Angeles County District Attorney filed a Welfare and Institutions Code section 602 petition alleging that 16-year-old appellant committed assault (Pen. Code, § 241, subd. (a),1 count 1), and attempted to commit robbery (§§ 664/211, count 2). It was further alleged that appellant, in the commission of count 1, inflicted great bodily injury (§ 12022.7, subd. (a)). Following a contested hearing the juvenile court found with respect to count 1 “that the lesser included offense of assault” had been “found true beyond a reasonable doubt.” The court struck the word “felony” and added “misdemeanor.” The petition was sustained as amended.2 Prosecution Case On December 12, 2012, at approximately 9:15 p.m., Jesus V. was walking down 61st Street near Clarkson Avenue in Los Angeles when he was approached by appellant and Matthew G.3 who started talking to him. Matthew wore a gray sweater and walked next to Jesus. Appellant wore a black sweatshirt, black beanie, and shorts, and walked behind Jesus. Jesus took off his headphones and heard Matthew say, “You are going to