In re Max R. CA2/7

Filed 3/19/14 In re Max R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 MAX R., a Person Coming Under the B247719 Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ42618)

THE PEOPLE,

Plaintiff and Respondent,

v.

MAX R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Philip K. Mautino, Judge. Affirmed. Laini Millar Melnick, 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, Steven D. Matthews and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent. _____________________

The juvenile court sustained a petition pursuant to Welfare and Institutions Code section 6021 alleging Max R. had committed battery on school property, declared him a ward of the court and ordered him home on probation. On appeal Max contends the evidence was insufficient to support the battery finding and the provisions in the Welfare and Institutions Code authorizing the deferred entry of judgment when an eligible minor has committed a felony offense, but not a misdemeanor, violate equal protection. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Jose G., a high school classmate of Max’s, testified that he and Max had started running to the locker room at the end of their physical education class when he turned and saw Max swing at him with his fist. Max’s friends started laughing as Jose ran around the corner of the building. About 15 seconds later Max pushed Jose against the building. Jose’s face hit the wall, and he fell to the ground. Max apologized to Jose, but he and his friends were laughing. After Jose was treated at a hospital, he was required to wear a neck brace and experienced blurry vision and difficulty walking. At the close of the People’s evidence, the juvenile court denied Max’s motion to dismiss the petition for insufficient evidence (§ 701.1) without comment. James Alonzo, a teacher at the high school, testified as a defense witness that Jose had said he and Max were racing to the lockers when Max grabbed him, shoved his head into a wall and repeatedly struck him until other students arrived. The parties stipulated Jose had told Los Angeles County Deputy Sheriff Hoarsely that he had been running next to the wall when the right side of his face suddenly hit the wall. Jose did not know if Max had hit him. The parties further stipulated that Hoarsely observed no swelling, scratches or redness on Jose’s face and that Jose never told the deputy he had been struck several times by Max after hitting the wall. Max testified in his own defense and denied attempting to strike Jose or intentionally pushing him against the wall. According to Max, he was running to the