In re J.D. CA4/2

Good Law
Court of Appeal of CaliforniaJune 12, 2014E058923California2,791 words

Opinion

Opinion

FACTS

The People filed a petition in the juvenile court alleging minor is a person within

the meaning of Welfare and Institutions Code section 602 because he committed two

attempted robberies (Pen. Code, §§ 664, 211, counts 1-2), and because he committed

battery resulting in serious bodily injury (Pen. Code, § 243, subd. (d), count 3).

C.Z. testified that after school on January 14, 2013, he and his friends S.L. and

D.S. walked from their high school to a nearby restaurant. On the way there, C.Z. saw “a

lot of kids” near the restaurant, but he and his friends ignored them. After getting their

food, they walked out of the restaurant and started to walk back to the school. On the

way back, as many as four juveniles approached them and asked them questions. C.Z.

identified minor as one of the juveniles who had approached him. Another person, whom

C.Z. identified as D.O., asked C.Z. “if [he] was from somewhere,” and asked if he had a

cellular phone or an iPod. When C.Z. answered “no,” someone hit him from behind, in

the right eye. He saw the person who hit him, but only “[b]y [a] blink of an eye.” C.Z.

and D.S. then ran away and C.Z. told S.L. to flee too. C.Z. ran to…

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