In re A.T. CA2/1

Filed 5/31/13 In re A.T. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re A.T., a Person Coming Under the B240955 Juvenile Court Law. (Los Angeles County Super. Ct. No. JJ19146)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.T.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Tamara Hall, Judge. Reversed with directions. Tanya Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Zee Rodriguez and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

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A.T. appeals from a judgment of the juvenile court finding that he committed two counts of lewd or lascivious acts upon the body of a child under the age of 14 years in violation of Penal Code section 288, subdivision (a). Appellant contends that the judgment must be reversed because the record contains no evidence that he was over 14 years of age when he committed the charged offenses or, if under 14, that he knew what he did was wrong when he did it. We agree.1 FACTS AND PROCEEDINGS BELOW When Sarah P. was age 15, she revealed to adults for the first time that she had been sexually molested by A.T. when she was a young child and A.T. was a minor. Based on Sarah’s statements to a sheriff’s detective A.T., now an adult, was interviewed, arrested and tried in juvenile court for committing lewd and lascivious acts against Sarah when she was four or five years old. Two witnesses testified at the adjudication hearing: Sarah and Detective Maribel Rizo of the Los Angeles County Sheriff’s Department. Sarah testified that when she was between four and five years of age she was sexually abused by A.T. who lived in the neighborhood and was a friend of her brother. A.T.’s abuse consisted of pulling down her pants and underwear as she lay on his bed and licking her buttocks and genitals. This happened on three or four separate occasions. On cross-examination Sarah admitted she could not remember exactly when this molestation occurred and that it could have been when she was age three. Detective Rizo testified that in July 2011 she and her partner interviewed A.T. at his job site. Rizo told A.T. that he was not under arrest “and he was free to enter or leave the conversation if he chose.” A.T. agreed to speak to the detectives. Rizo recorded the interview. The recording and a transcript were introduced into evidence at the hearing.