In Re Sylvester C.

Sylvester C. (the minor) appeals from the juvenile court’s order continuing wardship and ordering him home on probation after findings he committed battery and made criminal threats. The minor contends there was insufficient evidence to support one finding of making a criminal threat. We agree but modify to reduce the conviction to attempted criminal threat.

FACTS AND PROCEEDINGS BELOW

Parking attendant Mario Cerritos testified he intervened when he saw the minor and Yessenia R. involved in a physical altercation near a car in the parking lot. Cerritos told the minor he was going to call the police. The minor replied: “If you call the police, I am going to kick your ass.” Cerritos told his assistant to make the call, after which the minor approached Cerritos and said: “If you call the police, I will kill you and I will kill everybody there, everybody, all the employees.”

The minor got into his car and started to leave, but before driving away, he emerged from his car and approached attendant Hugo Mejia. While looking at Mejia, the minor said: “I am going to come and get you and I am going to kill you,” which prompted Cerritos to step between them. Cerritos testified he…