In re Victor M. CA5

FACTS

On March 5, 2014, L.M. was a high school student in Visalia, California. At approximately 7:45 a.m., that day, she was riding a transit bus to school seated in a rear seat with G.R and appellant seated behind them. As L.M. played around with G.R. she heard appellant make disparaging remarks about her, including calling her a slut and other derogatory names. L.M. got mad and turned around. After G.R. said something to appellant, G.R. got up and left. When L.M. turned back around, appellant was sitting next to her. Appellant then put his arm on L.M.’s shoulders and squeezed her left breast. L.M. grabbed appellant’s glasses and threw them. She then told him if he did not move she was going to hit him, but he did not move. L.M. started swinging at appellant and struck him on the face with her fist. Appellant put L.M. in a headlock and pushed her down. L.M. kept telling appellant to get off and kept hitting him until he let go. After appellant pushed L.M. into the aisle, “Josh” got between her and appellant and L.M. felt one last slap to her face. Appellant got off the bus at the next stop. Visalia Police Detective Celestina Sanchez testified that on March 18, 2014, she spoke…