In re J.G. CA1/1

I. BACKGROUND

In a petition filed pursuant to Welfare and Institutions Code section 602, subdivision (a) on October 23, 2012, minor was alleged to have committed misdemeanor battery on a person with whom he had a previous dating relationship (Pen. Code, § 243, subd. (e)(1)). Only two witnesses testified at trial. The first, a bystander, said he was driving in Fairfield when he spotted minor sitting on top of a female, hitting her with both hands. In one hand minor held a cell phone, while the other was a closed fist. The witness estimated minor took from four to six swings at the victim, who was struggling to get out from beneath him. When the witness stopped his car and approached them, minor ran off. The ―frantic‖ victim was crying and shaking, had bleeding wounds, and complained of headaches. The witness called the police. The second witness, a police officer, testified she located minor after having been alerted to the assault. After minor had been detained, he said to the police, ―Why are you guys stopping me? We were just in a fight. My girlfriend and I were just arguing.‖ Minor‘s counsel argued that because the victim had not testified, there was no evidence the contact…