In re B.P. CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. On March 29, 2013, Selena M. was living in her grandparents’ home along with her cousin, B.P. That afternoon, Selena was getting ready for work when B.P. knocked on her bedroom door and said to Selena’s boyfriend “can you turn your fucking cell phone off?” Selena, who was just getting out of the shower, yelled at B.P., “What are you doing? I’m getting ready for work.” B.P. responded by punching Selena in the head four times. When asked at trial, “what happened next?,” M. “I was just grabbing her arms and telling her that I’m not going to hit you because you’re a minor and I’m not going to go to jail for hitting you.” Selena grabbed B.P.’s arms and tried to hold them, but B.P. continued hitting her. In all, B.P. punched Selena about 12 times. Three other people in the house intervened and called the police, who arrived 30 minutes later and photographed Selena’s injuries. Regarding the police photograph showing a large bruise beneath her left eye, Selena testified: “It actually got worse after the picture . . . was taken.”…