In re B.P. CA2/3

Filed 12/30/14 In re B.P. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re B.P., a Person Coming Under B249350 the Juvenile Court Law. _____________________________________ (Los Angeles County Super. Ct. No. KJ37953) THE PEOPLE,

Plaintiff and Respondent,

v.

B.P.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Geanene M. Yriarte, Judge. Affirmed as modified with directions. The Law Offices of Cyn Yamashiro and Cyn Yamashiro, 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 Nathan Guttman, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

A petition filed under Welfare and Institutions Code section 602 alleged that appellant B.P. committed misdemeanor battery and felony battery with serious bodily injury (Pen. Code, §§ 242, 243, subd. (d)).1 After an adjudication hearing, the juvenile court sustained the petition and placed B.P. in Camp-Community Placement for three months. The judgment is affirmed as modified. BACKGROUND Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. On March 29, 2013, Selena M. was living in her grandparents’ home along with her cousin, B.P. That afternoon, Selena was getting ready for work when B.P. knocked on her bedroom door and said to Selena’s boyfriend “can you turn your fucking cell phone off?” Selena, who was just getting out of the shower, yelled at B.P., “What are you doing? I’m getting ready for work.” B.P. responded by punching Selena in the head four times. When asked at trial, “what happened next?,” M. “I was just grabbing her arms and telling her that I’m not going to hit you because you’re a minor and I’m not going to go to jail for hitting you.” Selena grabbed B.P.’s arms and tried to hold them, but B.P. continued hitting her. In all, B.P. punched Selena about 12 times. Three other people in the house intervened and called the police, who arrived 30 minutes later and photographed Selena’s injuries. Regarding the police photograph showing a large bruise beneath her left eye, Selena testified: “It actually got worse after the picture . . . was taken.” Selena pointed out two less severe bruised areas above her left eye and testified the police photographs also showed a bruise on her upper lip and a cut on the inside of her lip. Selena did not seek any medical treatment for her injuries because she did not have insurance. Selena testified the facial bruising lasted about ten days. In addition, she suffered extremely bad headaches for two weeks and could not stand for long periods of time.