In re C.R. CA2/6

Filed 5/18/22 In re C.R. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re C.R., a Person Coming 2d Crim. No. B311672 Under the Juvenile Court Law. (Super. Ct. No. YJ40696) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

C.R.,

Defendant and Appellant.

C.R. appeals from the jurisdictional and dispositional orders entered after the juvenile court sustained allegations that he committed second degree vehicular burglary (Pen. Code,1 §§ 459, 460, subd. (b)), resisting arrest (§ 148, subd. (a)(1)), and assault with force likely to cause great bodily injury (§ 245, subd.

1 Undesignated statutory references are to the Penal Code.

(a)(4)).2 It declared him a ward of the court and ordered him suitably placed in an open facility. C.R. contends: (1) there was insufficient evidence to prove that he resisted arrest, and (2) the matter must be remanded for the juvenile court to declare whether the burglary and assault he committed were felonies or misdemeanors. We remand for a declaration of whether C.R. committed felony- or misdemeanor-level burglary and assault, and otherwise affirm. FACTUAL AND PROCEDURAL HISTORY C.R. skateboarded past the Culver City home of A.S. and I.L. T.S. was also at the house. When I.L. saw C.R. get into her car, she and A.S. ran outside. As they approached, C.R. ran away with I.L.’s diaper bag and fanny pack. A.S. and I.L. followed him. A.S. caught up to C.R. and tried to retrieve I.L.’s belongings. C.R. punched A.S. in the face, causing his lip to bleed. A.S. then grabbed C.R. and the two fell to the ground. C.R. dropped I.L.’s belongings and ran away. I.L. followed C.R. in her car, and T.S. followed I.L. in his car. T.S. noticed that his glovebox was open and his sunglasses were missing. When he saw C.R. run into a yard, he called police. Four officers responded and arrested C.R. C.R. was charged with burglary, resisting arrest, and assault with force likely to cause great bodily injury. One of the police officers who arrested C.R., Officer Rock, testified that he and three of his fellow officers—Officers Ogden, Salazar, and