In re A.H. CA2/4
Opinion
Opinion
Manella, J.
FACTS
A. Prosecution Evidence On March 20, 2012, at approximately 3:30 p.m., Joshua C., Armando T., and Antonio V. left their high school to go together to a hamburger stand. Armando and Antonio walked while Joshua rode a bicycle. Armando had a dark blue backpack. A group of six to ten black youths approached them and asked
2 whether they were in a gang. Joshua and his friends replied that they were not gang members. Joshua testified that two members of the group tried to “pocket check” Armando, that is, insert their hands in his pockets to search for valuables. Armando “smacked” one of them, and both punched Armando in response. When Joshua jumped off his bicycle to help Armando, two members of the group began to fight with Joshua. Joshua soon saw someone take his bicycle. He tried to recover it, but was punched and kicked by several people. After the fight ended, the assailants walked away with Joshua’s bicycle. In an effort to recover the bicycle, he followed them, but they challenged him to fight for it. Because Joshua’s wrist was badly injured, he retreated. After the fight, he discovered that his wrist was fractured. After the incident, Joshua identified appellant in a…