In Re Clyde H.

People v. Clyde H.

Good Law
154 Cal. Rptr. 727·1979 Cal. App. LEXIS 1681·92 Cal. App. 3d 338
Court of Appeal of CaliforniaApril 24, 1979Crim. 33111California2,982 words

Opinion

Opinion

Ashby, J.

The juvenile court found appellant to be a person described by Welfare and Institutions Code section 602 in that he committed assault (Pen. Code, § 242) by throwing a brick at Maria Lopez. Suitable placement was ordered.

At the time of the offense, March 10, 1978, appellant was 11 years old, and the victim, Maria Lopez, was 4 years old. Maria’s mother was in her yard hanging clothes where her children were playing. Maria came running up to Mrs. Lopez crying and with her head bleeding. A piece of brick, which had not been there before, was lying on the ground. Maria, said that appellant had thrown the brick at her, and she pointed him out. Mrs. Lopez saw appellant walking down the alley next to the yard. She was familiar with him, having seen him in the area daily for about a year.

On numerous occasions, Mrs. Lopez had seen appellant throwing rocks or bottles at her family at the house. When she would come out, he would run away. Just that morning, appellant was chasing her children with a stick outside her house. As he walked away, appellant threw the stick to Mrs. Lopez.

Sam Castagna had been living with appellant and appellant’s mother for nine years. He had talked…

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