In Re Jerry M.

—The juvenile court found 11-year-old appellant Jerry M. (Jerry) came within the provisions of Welfare and Institutions Code section 602 after finding true the allegations that he had committed four counts of violating Penal Code section 288, subdivision (a), one count of violating section 417, subdivision (a), and one count of violating section 242. On appeal from that judgment Jerry argues: (1) he cannot violate section 288, subdivision (a) if he is younger than the victim; (2) the evidence was insufficient to support a finding he knew the wrongfulness of his conduct; (3) the petition allegations of violating section 288, subdivision (a) should have been dismissed in the interests of justice; and (4) he was denied effective assistance of counsel. This court requested supplemental briefing on the additional issue of the sufficiency of the evidence to establish the intent required for violation of section 288, subdivision (a).

I

Facts

A. Offenses Against Christopher R.

Misdemeanor Battery (§ 242—Count 10):

B. Offenses Against Clair S.

C. Offense Against Stephanie T.

D. Offense Against Sonia E.

E. Jerry’s Knowledge of Wrongfulness

Jerry’s mother had told Jerry it…