In Re Beverly H.

The minor appeals from order sustaining petition as a battery (§ 242, Pen. Code), a misdemeanor, a lesser and necessarily included offense in the assault with a deadly weapon, to wit, a knife, and by means of force likely to produce great bodily injury (§ 245, subd. (a), Pen. Code) alleged therein.

Lisa G. and the minor both high school students but who did not know each other “that well,” had a fight on the school grounds. A verbal exchange occurred concerning a tape and some money. Lisa hit the minor because the minor had “called [her] out”; the minor told her to wait there and she would be right back, and left. Meanwhile Lisa conversed with a friend, Diane; in a few minutes the minor returned and hit Lisa in the jaw with a closed fist, Lisa hit her in return; the minor said “You are going to get it now,” and pulled a small pocket knife with folding blades from her blouse. Lisa tried to pick up a trash can to hit the minor with it but could not do so; when Lisa swung at her the minor came up under her and cut her on the hip and twice under the arm. Lisa was taken to the hospital and treated for superficial cuts.

The minor testified she was not fighting over a tape but…