In re Alejandro C. CA3

Filed 6/21/13 In re Alejandro C. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re ALEJANDRO C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, C072387

Plaintiff and Respondent, (Super. Ct. No. 69145)

v.

ALEJANDRO C.,

Defendant and Appellant.

Following a contested jurisdiction hearing, the San Joaquin County Juvenile Court found that minor Alejandro C., age 15, came within the provisions of Welfare and Institutions Code section 602 in that he resisted or obstructed a peace officer. An allegation that the minor committed battery on a school employee was dismissed due to insufficient evidence. The minor was adjudged a ward, ordered to participate for eight days in a juvenile work program, and released to his mother‟s custody under various terms and conditions of probation.

1

On appeal, the minor contends there was no substantial evidence that the officer was acting lawfully when the minor resisted. We affirm. FACTS Prosecution’s Case-In-Chief On the afternoon of May 17, 2012, San Joaquin County Sheriff‟s Deputy Cody Brum was working as a school resource officer at Franklin High School. After school concluded for the day, Brum observed the minor “walking away from the front of Franklin High School to the bus stop” where other students were standing. The minor was “[w]alking away from” the school principal as he “was trying to stop” the minor. The two were still at “a part of the school” as both were on the lots between the school and staff parking lot and Brum was on an adjacent sidewalk. Deputy Brum explained that the principal “was walking behind the [minor] and telling him to stop and pointed at me and then pointed at the [minor] to stop him.” Brum said the principal‟s conduct suggested to him “[t]hat something had happened.” Deputy Brum then “walked to get in front of” the minor. Brum described what happened next: “As I walked in front of [the minor], the principal reached out and grabbed his backpack and the [minor] turned and the principal stepped back as if he was pushed.” (Italics added.) After the principal stepped back, Deputy Brum told the minor to “put his hands behind his back.” The minor did not comply. Brum grabbed the minor‟s arm, and the duo “moved toward a wrought iron fence that [the minor] grabbed.” As the minor grabbed the fence, Deputy Brum “again told him to put his hands behind his back, and he refused.” Rather than comply, the minor “continued to hold onto the fence.” Brum “put a handcuff on [the minor‟s] right hand and told him to put his hands behind his back again, and he refused.” Eventually, Deputy Brum was able to get the minor‟s hands off of the fence. As Brum held the minor‟s right arm and the principal held his left arm, the minor “resisted and would not comply with directives.” The minor “spun around, continue[d] to spin and