People v. Fernando C.
Opinion
Opinion
Needham, J.
Femando C. (appellant) was declared a ward of the juvenile court under Welfare and .Institutions Code section 602 based on a finding he had fought in a public place under Penal Code section 415, subdivision (l). He contends the judgment must be reversed because the wardship petition did not allege a violation of section 415 and section 415 is not a lesser included offense of the crime that was alleged, fighting on school grounds under section 415.5, subdivision (a)(1). Appellant additionally argues the adjudication based on section 415 must be reversed because section 415.5 is a special statute that preempts section 415, at least with respect to fighting by a student on school grounds. We agree and reverse.
FACTS AND PROCEDURAL HISTORY
Fifteen-year-old appellant attended high school and had been “having some trouble” with another student. On the last day of classes before a holiday break, the two engaged in a fistfight behind an equipment shed near the school’s football practice fields. When interviewed by a police officer assigned to the school district, appellant admitted exchanging punches with the other boy.