In re S.J. CA2/8

FACTS

The district attorney filed a petition on July 24, 2012, alleging S.J., then 16 years old, came within the provisions of Welfare and Institutions Code section 602, in that she committed second degree robbery, a felony (Pen. Code, § 211). The minor denied the allegations. When the case was called for adjudication on August 10, 2012, the prosecutor moved to add the crime of assault by force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). Defense counsel objected to the addition of a new count on the adjudication date. The court permitted the amendment “over defense objection” and immediately proceeded with the testimony. The prosecutor presented testimony of the victim, C.A., and a security guard who was in the vicinity at the time and observed the incident. The victim testified she was walking by herself in San Pedro and saw four other girls, one of whom was the minor. She had known the minor since the ninth grade. One of the four girls, C.J., called the victim‟s name and asked the victim if she was “talking to

2 her behind her back.” The victim said “no,” and then “got approached by [the minor].” The minor told the victim that “she was going to jump…