In Re Rodney F.

People v. Rodney F.

Caution
1988 Cal. App. LEXIS 674·203 Cal. App. 3d 177·249 Cal. Rptr. 424
Court of Appeal of CaliforniaJuly 6, 1988F008747California3,847 words

Opinion

Opinion

Ballantyne, J.

Facts and Proceedings Below

On November 20, 1986, between 6 and 8 p.m., Russell Mitchum heard sounds of an altercation outside of his apartment. He had his female com panion telephone the apartment manager and the police as he went next door to investigate. A confrontation ensued between Mitchum and a group of young men. The defendant, Rodney F., was holding a short piece of pipe in his hand. As Mitchum turned to leave he was attacked by the defendant and three other young men. He was struck on the head with a pipe or a metal bar. Because of the darkness he was uncertain which of the young men struck him. The blow dazed him but he was able to grab his assailant. The other men joined in the assault with broomsticks or mop handles hitting him on the head and body and forcing him to the ground where he was pummeled with their fists and feet. The victim sustained serious injuries to his head and kidneys.

At the time of the incident Rodney was 17 years 10 months and 20 days old.

On November 24, 1986, a petition was filed in the Fresno County Superi- or Court, sitting as a juvenile court, alleging that Rodney was a person coming within the provisions of Welfare and…

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