In re Michael M. CA5

Filed 7/15/15 In re Michael M. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re MICHAEL M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F070128

Plaintiff and Respondent, (Super. Ct. No. JJD067063)

v. OPINION MICHAEL M.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Michael B. Sheltzer, Judge. Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P. J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant Michael M. challenges the sufficiency of the evidence to support his juvenile adjudication for committing a lewd act with a child, a violation of Penal Code section 288, subdivision (a).1 We affirm the order. FACTUAL AND PROCEDURAL SUMMARY On July 2, 2013, Michael admitted to committing two counts of battery and one count of assault, all misdemeanors. Michael was declared a ward of the juvenile court and placed under the supervision of the probation officer. As a result of the filing of a second Welfare and Institutions Code section 602 petition on August 29, 2013, Michael admitted to committing three counts of misdemeanor battery. Michael was continued as a ward of the juvenile court and placed under the supervision of the probation officer. Another Welfare and Institutions Code section 602 petition was filed against Michael and on March 6, 2014, Michael admitted committing misdemeanor vandalism. At the dispositional hearing, Michael was removed from the custody of his mother and placed in the custody of the probation officer for suitable placement. Michael was placed in the foster home of Rosa Acuna. Esmeralda Espinoza is Acuna’s mother and the foster mother of M.M., who in July 2014 was nine years old. On July 8, 2014, M.M. was swimming at the Acuna home. Michael was the only other person in the pool. M.M. was in the pool with Michael when M.M. felt Michael touch his penis over his swimsuit. M.M. subsequently told J.A., another of Espinoza’s foster sons, what had happened. J.A. told Espinoza that something had happened to M.M. Espinoza spoke to M.M. and asked him questions about what had happened. M.M. was nervous and embarrassed when speaking about the incident. M.M. previously had been a victim of