In Re MM
Opinion
Opinion
McKINSTER, J.
On April 25, 2008, an amended petition under Welfare and Institutions Code section 602, subdivision (a), was filed. It charged minor, M.M., with felony vandalism under Penal Code section 594, subdivision (b)(1) (count 1) and resisting or delaying a public officer under Penal Code section 148, subdivision (a)(1) (count 2). On April 30, 2008, the prosecution dismissed count 1 and added count 3, misdemeanor vandalism under Penal Code section 594, subdivision (b)(2)(A). [1]
After the evidence was presented, the juvenile court dismissed count 3 for lack of evidence but found the allegations in count 2, resisting a public officer under section 148, true. The court placed minor on probation in the custody of his mother.
(1) On appeal, minor contends that his conviction under section 148 is not supported by substantial evidence because he did not resist a public officer. We agree because, as a matter of law, a campus security officer is not a public officer. Therefore, the judgment is reversed.
On January 30, 2008, the security department at Arroyo Valley High School received a call regarding vandalism on campus. Campus security officers Bryan Butts, Oscar Ramos, and…