In Re Michael P.

People v. Michael P.

Good Law
1996 Cal. App. LEXIS 1085·50 Cal. App. 4th 1525·58 Cal. Rptr. 2d 362·96 Daily Journal DAR 14019·96 Cal. Daily Op. Serv. 8492
Court of Appeal of CaliforniaNovember 21, 1996B100164California1,711 words

Opinion

Opinion

Lillie, J.

Michael P. appeals from the order continuing him as a ward of the court (Welf. & Inst. Code, § 602) by reason of his having committed battery with injury on a peace officer (Pen. Code, §§ 242, 243, subd. (c)). He was committed to the California Youth Authority for a maximum theoretical period of confinement of nine years, two months. He contends: “There was insufficient evidence of injury under Penal Code section 243, subdivision (c), and the offense must therefore be reduced to a Penal Code section 243, subdivision (b), battery.”

Facts

Viewed in accordance with the usual rules on appeal (In re Dennis B. (1976) 18 Cal.3d 687, 697 [ 135 Cal.Rptr. 82 , 557 P.2d 514 ]), the evidence established that on November 13, 1995, Edward Paez was employed as a juvenile crew instructor by the Los Angeles County Probation Department. He was assigned to work at the Los Angeles County Probation Department’s juvenile facility, Camp John Munz, which is located at Lake Hughes. Paez was driving a Los Angeles County, 14-passenger club van and transporting appellant and 3 other wards of the court to the Challenger Memorial Youth Center in Lancaster. The first row of seats behind the driver…

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