In re S.E. CA6
Opinion
Opinion
Danner, J.
I. FACTS AND PROCEDURAL BACKGROUND
A. The Offenses 1. January 2022 Incident (Count 1) In January 2022, victim P.J. was a high school student in San Jose. While P.J. was sitting on a bench at school scrolling through social media, a group of five or six boys approached him. P.J. did not recognize them. One of the boys snatched P.J.’s cell phone from his hand. P.J. asked the boy to give the phone back, but the boy refused and shoved P.J. Other boys rummaged through P.J.’s backpack. Another boy in the group picked P.J. up and threw him to the ground, causing him to land on his shoulder and hit his head. After the boys walked away, P.J. reported the incident to a faculty member and spoke to police. Thereafter, P.J. frequently saw the robber on campus but did not alert school staff or the police. About five months after the incident, the police showed P.J. a yearbook and he identified S.E. as the boy who had taken his phone. P.J. also identified S.E. in court.2 2. December 2022 incident (Count 2) In December 2022, S.E. and victim D.Q. worked together at a restaurant in San Jose.3 During a break in his shift, D.Q. mistakenly drank from S.E.’s cup and apologized for doing so. S.E.…