In Re Enrique O.

People v. Enrique O.

Good Law
137 Cal. App. 4th 728·2006 Cal. App. LEXIS 332·2006 Daily Journal DAR 3016·40 Cal. Rptr. 3d 570
Court of Appeal of CaliforniaMarch 13, 2006F046608California2,420 words

Opinion

Opinion

Ardaiz, J.

Enrique O. appeals from a juvenile court’s true finding that he committed sexual battery and vandalism. He contends we must reverse the finding for multiple reasons: (1) that there was insufficient evidence he possessed the specific intent to commit sexual battery; (2) that the prosecution failed to prove he knew the wrongfulness of his actions; (3) that the juvenile court erred in failing to send notices pursuant to the Indian Child Welfare Act; (4) that the juvenile court erred by not considering less restrictive placement options to inpatient treatment; and (5) that the juvenile court improperly considered information obtained in violation of the psychotherapist/patient privilege. We reject each of these contentions and we affirm the orders of the juvenile court.

I.

Factual and Procedural History

In September of 2002 appellant and Carlos Q. cornered Alex T. (hereafter Alex or the victim) in a school restroom. The boys were all 11 years old. No one else was in the restroom. Appellant hit Alex and tried to pull down his pants. Carlos and appellant eventually got Alex’s pants and underwear down to his knees. Alex fell to the ground, and appellant and Carlos kicked him.…

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