In re C.L. CA2/6

FACTS

Prosecution Evidence On May 18, 2013, shortly after 4:00 p.m., Dennis Tooman was riding his bicycle along the Arroyo wash in Simi Valley. He observed two groups of young men. The groups were facing one another, standing no more than five yards apart, on either side of a cement drain. Most of the young men held "good size" rocks behind their backs. One was taunting the other group saying, "Come on, come on, homie. Let's get it on. Do you want it? Come on homie. Let's go." No one in the other group said anything except for one slightly older-looking man, who said to Tooman, "Nice day for a bike ride." Tooman responded, "Yes, it is," and rode on. When he was out of the men's sight, Tooman called 9-1-1.

2 The amended petition charged C.L. with assault with a deadly weapon (§ 245, subd. (a)(1)), petty theft of lost property (§ 485), possession of an alcoholic beverage (Bus. & Prof. Code, § 25662, subd. (a)), trespassing (§ 602, subd. (t)), and possession of 28.5 grams or less of marijuana at school (Health & Saf. Code, § 11357, subd. (e)). 3 C.L. does not dispute the sufficiency of the evidence to support the finding that he committed the underlying assault. 2…