In re F.N. CA2/6

Filed 9/22/22 In re F.N. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 F.N., a Person Coming 2d Juv. No. B313753 Under the Juvenile Court Law. (Super. Ct. No. 2021010355) (Ventura County)

THE PEOPLE,

Plaintiff and Respondent,

v.

F.N.,

Defendant and Appellant.

F.N. appeals from the jurisdictional and dispositional orders entered after the juvenile court found true an allegation that she committed assault with a deadly weapon. (Pen. Code,1 § 245, subd. (a)(1).) She contends: (1) the evidence is insufficient to support the finding that she did not act in self-defense, and (2) the court misapplied the law on self-defense. We affirm.

1 Statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL HISTORY In April 2021, P.W. challenged F.N. to a fight. The two exchanged several Instagram messages, and agreed to fight in an alley later that evening. F.N. arrived in the alley around midnight. P.W. arrived shortly thereafter, carrying a softball bat. She swung the bat at F.N., but missed. F.N. then grabbed the bat and hit P.W. in the left ear. P.W. grabbed her ear and held her hands in the air. She “almost blacked out.” While P.W.’s hands were in the air, F.N. swung the bat again, this time hitting P.W. on the right side of the head. When P.W. put her hands up again, F.N. hit her in the arm. F.N. then hit P.W. with the bat a fourth time before knocking her to the ground and punching her. Others present at the fight were eventually able to pull F.N. off of P.W., who hit F.N. with the bat as she was leaving.2 P.W. went to the hospital the next day. She received 15 stitches in her left ear. She had bruises, cuts, and scratches on her arm, back, chest, face, and head. A police officer interviewed P.W. The officer noted that P.W.’s injuries were defensive wounds, consistent with being hit by a bat. The police officer also interviewed F.N. Her injuries were consistent with punching someone. P.W. testified under a grant of immunity at F.N.’s jurisdictional hearing. F.N. also testified. She said that when she arrived in the alley P.W. and another person were each holding a bat. P.W. swung her bat at F.N. but missed. F.N. then