In re A.W. CA2/4

Filed 12/3/13 In re A.W. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re A.W., B242188 (Los Angeles County a Person Coming Under the Juvenile Court Law. Super. Ct. No. NJ26304)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, John C. Lawson, II, Judge. Affirmed. Susan L. Ferguson, 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, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

A.W. appeals from an order of wardship pursuant to Welfare and Institutions Code section 602 following the juvenile court’s finding that he committed the crime of battery in violation of Penal Code section 242, a misdemeanor. Appellant contends the evidence is insufficient to support the juvenile court’s finding. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND On May 21, 2011, around 5:00 p.m., Vanessa Caro was riding her bicycle on the Los Angeles River bike path in the City of Long Beach. She was wearing headphones while she rode. As she rode around a curve, she was knocked down by a fishing line that was stretched across the path. The line hit Caro in the upper lip and caused her to fall off her bicycle. Caro’s lip was scratched and her bicycle handle was damaged in the incident. Caro saw about four teenaged boys on one side of the path and one or two on the other side. She got her pepper spray, told them not to leave, and called 911. Several of the boys ran away. Caro initially testified that appellant was holding the fishing line in his left hand and that he threw it down and ran away when she saw him. However, she subsequently stated that he did not run away. Appellant’s version of the incident was that he was trying to stop his friends from stretching the fishing line across the bike path. He testified that he was walking along the river with a friend, Ricky, when they saw two other school friends, Brandon and Joseph. Brandon found some fishing line on the ground and told Ricky to tie it to a pole beside the path. Brandon thought it would be funny to hit people with the line, but appellant told him not to do it because someone could get hurt. Ricky tied the line to a pole on one side of the path, and Brandon went to the other side of the path and held it,