CA4/1

In re Luis v. CA4/1

Good Law
Court of Appeal of CaliforniaAugust 26, 2016D068248California3,772 words

Opinion

Opinion

INTRODUCTION

After an adjudication hearing, the juvenile court sustained a Welfare and

Institutions Code section 602 petition against Luis V. (hereinafter the minor) charging

him with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1),

misdemeanor battery against a police officer (§ 243, subd. (b); count 3), and

misdemeanor resisting or obstructing an officer in the performance of his duties (§ 148,

subd. (a)(1); count 4). The court also found true the allegation in count 1 was a serious

felony (§ 1192.7, subd. (c)(23)).2 The juvenile court declared the minor a ward of the

court pursuant to Welfare and Institutions Code section 602 and found his maximum

confinement was four years and eight months. The court placed the minor under the

supervision and custody of probation and placed him at his grandmother's home.

On appeal, the minor asks us to vacate the true finding on count 1 and to remand

the matter for further disposition based upon five contentions: (1) there was insufficient

evidence to support a true finding of assault with a deadly weapon, (2) there was

insufficient evidence to support a true finding on the serious felony allegation,…

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