In re Juan A. CA2/8

California Court of Appeal Jan 8, 2015 No. B252829Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court affirmed the juvenile court's finding that the appellant committed the crime of using force or violence to resist an executive officer, holding that the evidence was sufficient to support the conviction and that the appellant waived his claim regarding deferred entry of judgment eligibility by failing to raise it in the trial court.

Issues

Whether the prosecutor erred in determining the minor was ineligible for a deferred entry of judgment program.
Whether there was sufficient evidence to support the finding that the minor violated Penal Code section 69 by resisting an officer in the performance of his duty.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We are satisfied that the record before us does not allow for meaningful examination of the DEJ eligibility issue.”

“The evidence supports an inference that Juan wanted to disrupt the orderly operation of the restroom area and that he accomplished his intent.”

Filed 1/8/15 In re Juan A. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re JUAN A., a Person Coming Under the B252829 Juvenile Court Law.

THE PEOPLE, (Los Angeles County Super. Ct. No. GJ29983) Plaintiff and Respondent,

JUAN A.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Nancy S. Pogue and Robert Leventer, Commissioners. 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, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

__________________________________________

The juvenile court found appellant Juan A. committed the crime of using force or violence to resist an executive officer in the performance of his duty. (Pen. Code, § 69.) We affirm. FACTS At around 3:30 in the afternoon, Los Angeles County Deputy Probation Officer Thomas Wilcox was supervising a group of four youths in a restroom at Challenger, a Probation Department camp in Lancaster, when Juan left his bed without permission and walked into the restroom without permission. Deputy Wilcox told Juan to return to his bed. Juan did not comply. Deputy Wilcox told Juan a second time to return to bed. Juan again did not comply. Instead, Juan walked over to and faced a toilet, and either prepared to urinate or did begin to urinate. Deputy Wilcox again ordered Juan to leave the bathroom. At about this same time, Deputy Wilcox “gave [Juan] a left touch prompt on the side” to get him to leave. Juan shrugged his shoulders, turned around, and started to walk out of the bathroom. Deputy Wilcox began walking next to Juan and “didn’t think there was a problem,” but then Juan abruptly turned and punched the deputy on the side of his face with a closed fist. A struggle ensued and continued until Deputy Wilcox subdued Juan with pepper spray.1

In re Juan A. CA2/8

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

JUAN A.,

More from California Court of Appeal

Related research

RUBIN, J.

FLIER, J.

AI Brief