In re B. W. CA3

Filed 6/23/15 In re B. W. 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 B. W., a Person Coming Under the Juvenile C075965 Court Law.

THE PEOPLE, (Super. Ct. No. 70175)

Plaintiff and Respondent,

v.

B. W.,

Defendant and Appellant.

In this case, the minor, B. W., contends the evidence did not support the trial court’s finding that he committed assault with a deadly weapon because he did not engage in “any assaultive conduct . . . toward the alleged victim.” We disagree and affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND During the fall of 2013, Alexis C., the victim, got into an argument with the minor and his friend, Daniella R., at their high school. After the argument began to escalate, Daniella pulled the minor away and another student, Brittney B., pulled Alexis away. Alexis testified that her purse had fallen to the ground and she “went back to go get [it].” While Alexis approached, the minor “reach[ed] inside his backpack.” When Alexis reached for her purse, she saw a gun in the minor’s hand. After pulling out the gun, he “[f]lashed it[ and] waved it,” and pointed it in Alexis’s direction. The minor said, “ ‘If anybody wants it, they can get it,’ ” while looking directly at Alexis. Alexis told the minor to put the gun away. The minor put the gun into his backpack and Alexis left. The minor gave C. M. his backpack and told C. that it had “heat” in it. C. moved the gun from the minor’s backpack to his own. Alexis and her boyfriend encountered the minor again and the three started talking. Stockton Police Officer Chris Anisko arrived, as did the principal and security. The principal escorted the minor away. Officer Anisko was walking Alexis and her boyfriend to the office when he overheard Alexis say that the minor had pointed a gun at her. Officer Anisko then spoke to the minor and asked the minor if he had a handgun on him. The minor said that he did not. Officer Anisko asked him where his backpack was. The minor told Officer Anisko that he had given his backpack to C. Officer Anisko went to C.’s class, had C. pulled out, and searched him. In response to Officer Anisko’s questioning, C. revealed that he had a gun in his backpack. Officer Anisko handcuffed C., took C. to his office, and secured the gun. Officer Anisko returned to the minor and read him his Miranda1 rights, questioned him, and arrested him.