In re Benjamin B. CA6

Filed 4/13/15 In re Benjamin B. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re Benjamin B., a Person Coming H041251 Under the Juvenile Court Law. (Monterey County ___________________________________ Super. Ct. No. J47755)

THE PEOPLE,

Plaintiff and Respondent,

v.

Benjamin B.,

Defendant and Appellant.

The juvenile court sustained a wardship petition charging Benjamin B., a minor, with conduct that would constitute indecent exposure if committed by an adult. (Pen. Code, § 314, subd. (1).)1 The court placed the minor on formal juvenile probation without wardship for a six-month period. On appeal, the minor contends the evidence was insufficient to sustain a finding of indecent exposure in violation of his state and federal due process rights. We conclude the evidence was sufficient to support the juvenile court’s finding, and that the minor’s due process rights were not violated. Accordingly, we will affirm the judgment.

1 Subsequent undesignated statutory references are to the Penal Code.

I. FACTUAL AND PROCEDURAL BACKGROUND On November 8, 2013, Seaside High School Resource Officer Joshua Parker received a report of a student causing a disturbance on the north side of campus. Officer Parker and the school principal responded to the scene, where they found the minor shouting expletives at the school liaison, Mr. Green. The minor’s shirt was hanging from his neck, exposing his bare chest. He had begun yelling at Mr. Green after he was instructed to wear his shirt properly. School officials attempted to speak with the minor, but he continued screaming obscenities, drawing a teacher and a number of students from a nearby classroom out into the hallway. As the crowd of observers grew, Officer Parker asked the minor to go with him to another classroom where they could talk at a more appropriate volume. The minor, stating that the principal would suspend him, began to leave. Before leaving, the minor resumed yelling profanities and stated that “he wasn’t going to listen to anybody.” He then exclaimed: “You can kiss my white butt, all of you,” whereupon he pulled down his pants and underwear, exposing his penis and buttocks to bystanders. The minor continued to walk away with his pants around his ankles. A teacher who witnessed the display testified that “all the way from the top of [the minor’s] shoes to the small of his back and everything in between was nude, both cheeks, both legs, both backs of his knees, and everything else.” Officer Parker and the principal caught up with the minor and pulled him out of the view of the rest of the crowd. After pulling up the minor’s pants, Officer Parker placed him under arrest. The prosecution filed a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) alleging the minor engaged in conduct that, if committed by an adult, would constitute indecent exposure (Pen. Code, § 314) and battery (Pen. Code §§ 242, 243). The prosecution also alleged the minor was in possession of tobacco (Pen. Code, § 308, subd. (b).) 2