In Re Billie Y.

Statement of the Case

A juvenile court petition was filed under Welfare and Institutions Code section 602 alleging that appellant had committed a lewd and lascivious act upon a child under the age of 14 years in violation of Penal Code section 288, subdivision (a). Appellant was 13 years old at the time of the alleged offense.

Following a contested jurisdictional hearing, the court found beyond a reasonable doubt that appellant understood the difference between right and wrong in relation to the offense and found the allegation to be true. Appellant was placed on probation subject to several special conditions, including that he participate in a counseling program.

Statement of Facts

Mrs. L. testified that at around 5:30 p.m. on June 22, 1988, her 13-year-old son Billy M. ran into the house from the backyard where he and her 6-year-old son Jeremy L. had been playing. Billy told Mrs. L. that appellant was on top of Jeremy and was rubbing him improperly. Mrs. L. went outside and found Jeremy. By that time appellant had gone.

Jeremy had grass and weeds all over his clothing. Jeremy told Mrs. L. that his “privates” hurt. Jeremy’s penis was red and he had bruises between…