In re G v. CA3

Filed 8/18/14 In re G.V. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 G.V., a Person Coming Under the Juvenile Court C073998 Law.

THE PEOPLE, (Super. Ct. No. 69818)

Plaintiff and Respondent,

v.

G.V.,

Defendant and Appellant.

Minor G.V. (the minor) was charged with felony battery on a peace officer with injury (Pen. Code, § 243, subd. (c)(2)),1 and misdemeanor resisting, delaying, or obstructing a peace officer (§ 148, subd. (a)(1)). He was also charged with battery

___________________________________________________________________ 1 Further undesignated statutory references are to the Penal Code.

1

(§ 242) against Serena S. Following a contested jurisdictional hearing, the juvenile court sustained the felony battery and resisting charges, but not the misdemeanor battery charge. The court adjudged the minor a ward, and ordered him to serve 38 days in the Juvenile Justice Center with 38 days of credit, ordered 53 days of electronic monitoring, and placed him on probation in his mother’s custody. On appeal, the minor, who was 13 at the time he committed the offenses, contends there is insufficient evidence that he appreciated the wrongfulness of his conduct (§ 26). Disagreeing, we shall affirm. FACTS The minor was born in November 1999. On February 27, 2013, the minor approached Serena S. and slapped her on the face with an open hand after he told her that he wanted his hat back; she did not have his hat. Serena S. told her father about the incident, and officers later arrived at the scene. Lodi Police Officer Josh Redding contacted the minor and explained it had been reported that the minor had hit a girl because she had a hat. Redding arrested the minor after he admitted striking Serena S. The minor was subsequently transported to the police station by another officer. On April 2, 2013, Lodi Police Officers Eric Shaw and Erica Urrea were sent to the minor’s residence after the minor’s mother called for them. The officers went to the front door of the apartment, where they contacted the minor and his mother. The minor was sitting on the stairs immediately inside the front door. Officer Shaw told the minor he shouldn’t be using drugs, shouldn’t bring drugs into his mother’s house, and he should respect his mother. The minor stood up and said, “You fucking pig, fucking motherfucker.” Shaw told the minor it was not right to speak to him that way, and instructed him to sit down. The minor complied and Shaw kept talking to him. As Shaw continued talking to him, the minor seemed distant and was playing with a bag of chips. At one point, the minor quickly lunged up from his seated position to