People v. B.L.

Filed 8/31/15 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In re B.L., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A144366 v. B.L., (Contra Costa County Super. Ct. No. J1400597) Defendant and Appellant.

This is an appeal from the juvenile court of Contra Costa County in which B.L. (appellant or minor) had wardship declared after the court sustained two counts of violations of Penal Code sections 242 and 243.6. We have reviewed the proceedings and sustain each finding by the trial court. STATEMENT OF THE CASE On June 10, 2014, the district attorney of Contra Costa County filed an original wardship petition alleging appellant, age 15, committed two counts of misdemeanor battery on school employees (Pen. Code, §§ 242, 243.6). On January 27, 2015, following a contested hearing in the juvenile court, the allegations were each sustained. On February 10, 2015, appellant was deemed a ward of the court and placed on probation at the home of her mother, with 60 days of home supervision that could be terminated after 30 days, depending on appellant’s conduct. On February 11, 2015, appellant filed a timely appeal.

STATEMENT OF FACTS 1. Prosecution Case Harry Campbell was a physical education instructor at John F. Kennedy High School in Richmond. On May 8, 2014, he was teaching at the school. During the eighth period, appellant, who was a student at the school, was in the physical education class of Wendolyn Eaglin. The two classes of Campbell and Eaglin were in session on the blacktop of the school. At one point, appellant advised both Campbell and Eaglin her mother was waiting for her outside the school property, wanting to take her home. Appellant needed one of the teachers to unlock the school gates. Campbell advised appellant no instructor could give her early release, since the administration had not told them to do so. Appellant made a cell phone call and then told the teachers her brother was outside waiting for her and that they should open the gate. Campbell noticed appellant was becoming agitated and raising her voice. Campbell pointed out appellant’s inconsistent remarks about who was picking her up, to which the minor replied: “Open the goddamn gate. I’m tired of you bald-headed, black-ass nigger or bitch, either one.” Campbell disliked the remark, and said, “Your mother. Sorry, mom.” With this response, appellant stated, “Oh really? Oh really? I’ll beat your ass, bitch.” Appellant had a Frisbee in her hand and struck Campbell with the object. As Campbell raised his arm to deflect the Frisbee, appellant punched Campbell in the face with her fist. She then kicked Campbell in the groin. Another male student tackled Campbell and forced him into the fence. Eaglin approached the scene with her walkie-talkie operational; she wanted the staff to hear the commotion created by appellant in the yard. She hoped this would generate assistance. Appellant then slapped the device from Eaglin’s hand, causing it to fall out of the teacher’s hand. Teacher Michael Fish observed this incident in the yard. He worked with emotionally challenged students at Kennedy. He saw Eaglin approach with the walkie-