In re R.C. CA5

Filed 4/25/16 In re R.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 R.C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F071597

Plaintiff and Respondent, (Merced Super. Ct. No. 14JL- 00020A) v.

R.C., OPINION Defendant and Appellant.

THE COURT APPEAL from an order of the Superior Court of Merced County. David W. Moranda, Judge. Elizabeth J. Smutz, 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, Senior Assistant Attorney General, Kathleen A. McKenna and Ian Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Poochigian, Acting P.J., Detjen, J. and Peña, J.

INTRODUCTION The juvenile court found true the allegations of a wardship petition that appellant/defendant R.C. committed multiple offenses based on throwing a rock at his teacher and inflicting a permanent scar. On appeal, defendant contends there is insufficient evidence to support the court’s true finding for count IV, mayhem, and that the court’s finding on count IV is inconsistent with the not true findings on the great bodily injury enhancements alleged for the other counts. He also challenges the juvenile court’s determination of his maximum term of confinement and pre-commitment credits. We remand for correction of his term, and otherwise affirm the court’s findings on the substantive offenses. FACTUAL AND PROCEDURAL SUMMARY Defendant was a student at Los Banos Junior High School and in a physical education class taught by Rebecca Salinas (Salinas). On November 20, 2014, Salinas was testing a group of students, including defendant, on the blacktop area of the school. While Salinas was directing students to walk to another area, she was struck in the head with a rock. The blow caused her to fall to her knees. Salinas did not see the object being thrown at her. Salinas later testified that she remembered being hit in the head but did not know what hit her. She thought it might have been a ball. When she fell down, she saw the amount of blood and realized that she was not hit by a ball. She did not lose consciousness. Salinas was transported to the hospital for treatment. The rock caused a gash in her forehead requiring seven stitches. The injury left a permanent, one-inch scar on her forehead. Salinas testified that for a couple of days after the incident, she had a headache and light-headedness, and was dizzy when standing for long periods of time. An assistant principal went to the area where Salinas was injured, and found the rock that hit Salinas. Another assistant principal investigated the incident, and several students identified defendant as the person who picked up and threw the rock at Salinas.