In re N v. CA3

Filed 1/22/14 In re N.V. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re N.V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent, C072398

v. (Super. Ct. No. 68110)

N.V.,

Defendant and Appellant.

Following a contested jurisdictional hearing, the juvenile court found the minor 1 N.V. committed corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a)) and vandalism (§ 594, subd. (a)). The juvenile court determined the section 273.5 offense

1 Undesignated statutory references are to the Penal Code.

1

was a felony and declared the minor a ward of the court. The court granted him probation and imposed various fines and fees. On appeal, the minor contends (1) there is insufficient evidence to support the corporal injury to a cohabitant finding and (2) the Welfare and Institutions Code section 731 fine should be stricken because it was never imposed by the juvenile court. As to the first contention, we conclude there is insufficient evidence the minor and his victim cohabitated. Thus, we modify the corporal injury to a cohabitant finding to the lesser included offense of battery on a person with whom defendant had a previous dating relationship (§ 243, subd. (e)(1)). Because this modification reduces the offense to a misdemeanor, we remand the matter for a new dispositional hearing. With regard to the second contention, we note that if the juvenile court imposes fines, fees, or assessments at the new dispositional hearing, it must specify the amounts and statutory basis for all fines, fees, and assessments imposed. BACKGROUND A.B. began dating the minor about 10 months before the August 16, 2012, jurisdictional hearing. She was eight months and one week pregnant with the minor’s child when she testified. As of July 5, 2012, A.B. and the minor’s relationship was rocky, but they were trying to work things out. On that day, the minor picked up A.B. from her home in Lathrop and drove her to his home in Stockton. After they got to his home, the minor looked at A.B.’s cell phone and saw a Facebook message to her from his twin brother. The minor got angry and threw the phone against the wall, causing the case to come off. He hit A.B. on the left cheek, and smashed the phone with a dumbbell. The minor called A.B. a “hoe”; at some point he