CA4/1
In re Luis v. CA4/1
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,…