People v. Maria D.

I. BACKGROUND

The juvenile court found true an allegation in a petition filed pursuant to Welfare and Institutions Code section 602 that appellant committed an attempted lynching in violation of Penal Code 1 sections 664 and 405a. Appellant was declared a ward of the court and ordered to a camp community placement program for a maximum term of two years.

Appellant contends the court’s order sustaining the petition based on a finding that she committed an attempted lynching was “legally incorrect.” Specifically, she argues the prosecution improperly alleged attempted lynching (a felony) because, to the extent she may have done anything illegal, her conduct was covered by more specific legislation—that which proscribes incitement of a riot (a misdemeanor). The premise of appellant’s claim—that general principles of attempt set forth in section 664 are not applicable to lynching because the incitement to riot legislation specifically addresses and punishes the conduct—is incorrect. Accordingly, the claim is rejected and the orders of the juvenile court are affirmed.

II. FACTS

A. Prosecution Evidence

On November 10, 2010, at approximately 4:15 p.m., Los Angeles Sheriff’s…