In Re Jose R.

People v. Jose R.

Good Law
137 Cal. App. 3d 269·186 Cal. Rptr. 898·1982 Cal. App. LEXIS 2148
Court of Appeal of CaliforniaNovember 8, 1982Crim. 41536California4,139 words

Opinion

Opinion

Feinerman, J.

Jose R. appeals from an order of the juvenile court declaring him a ward of the court, pursuant to section 602 of the Welfare and Institutions Code, placing him in the Joan Green Group Home and imposing certain conditions of probation to be in effect during the minor’s placement and upon return to the home of his parents. The trial court’s order was based upon a finding that the appellant had mingled a harmful substance with food, with the intent that it should be taken by a human being to his injury (Pen. Code, § 347) and had committed three assaults with a deadly weapon and by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)). The “deadly weapon” which was the subject of these three counts was an apple with a pin embedded therein.

Appellant contends that there was a lack of substantial evidence to support the trial court’s finding that appellant’s conduct violated the provisions of Penal Code section 245, subdivision (a), that the prosecution did not establish by “clear proof’ that the appellant knew the “wrongfulness” of his conduct, that the trial court improperly imposed certain conditions of probation, and that the trial court erred…

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