In Re Alejandro A.
People v. Alejandro A.
Opinion
Opinion
Benke, J.
In this delinquency proceeding, appellant Alejandro A. alleges there was evidence he was an Indian child and inquiry should have been made as to his status before the disposition was entered. We reject the contention and affirm the judgment.
BACKGROUND
The November 15, 2005, Petition
On November 11, 2005, shortly before 10:30 p.m. appellant, who was 14 years old, and a 17-year-old companion threw rocks at vehicles that were being driven down Old Highway 80 in Boulevard. One of the rocks struck the driver’s side windshield of Brian Hicks, causing $450 in damage. The passenger in another car nearly struck by a rock tried to place appellant and his companion under citizen’s arrest. A passer-by gave that driver enough information that appellant was identified.
In a petition filed on November 15, 2005, pursuant to Welfare and Institutions Code section 602, the San Diego District Attorney charged appellant in count 1 with assault in violation of Penal Code section 245, subdivision (a)(1), in count 2 with willfully and maliciously throwing rocks or other items capable of doing serious bodily harm at a vehicle or its occupants in violation of Vehicle Code section 23110,…