In re David H. CA4/3

Filed 6/27/14 In re David H. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re DAVID H., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent, G048782

v. (Super. Ct. No. DL043446)

DAVID H., OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Jane L. Shade, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Stacy Tyler, Deputy Attorneys General, for Plaintiff and Respondent. * * * The Orange County Juvenile Court declared David H. (born January 1998)~(ct1)~ a ward of the court (Welf. & Inst. Code, § 602) after finding he committed misdemeanor sexual battery (Pen. Code, § 243.4, subd. (e)(1); all further statutory citations are to the Penal Code unless noted). Minor contends there is insufficient evidence he committed the act with the specific purpose of sexual arousal, sexual gratification, or sexual abuse. We affirm. I FACTUAL AND PROCEDURAL BACKGROUND On May 9, 2012, minor and Taylor, both 14 years old, were in their eighth grade middle school class. Taylor was on the floor by her desk putting something in her backpack. As she stood up, minor reached out and grabbed her breast “really hard.” She asked him what he was doing and he laughed. The teacher saw minor pinch Taylor’s breast and giggle, and sent him to the office. Taylor suffered a bruise on her right breast the size of a quarter. She went to the nurse’s office, and later sought counseling (RT 68.) after becoming fearful of boys and men. A few months before this incident minor tripped Taylor and she fell on her desk and twisted her ankle. Minor laughed. The teacher described minor as a class clown who physically and verbally disrupted the classroom. Minor had pushed and pinched other students in class. Following a hearing on May 15, 2013, the juvenile court found minor committed misdemeanor sexual battery and declared him a ward of the court. The court ordered home probation on various terms and conditions.