People v. A.L. (In re A.L.)

Good Law
250 Cal. Rptr. 3d 572·38 Cal. App. 5th 15
Court of Appeal of CaliforniaJuly 30, 2019H045802California3,734 words

Opinion

Lead Opinion

Grover, J.

*18 A.L. was declared a ward of the juvenile court after it found she committed three offenses: battery on a peace officer, resisting an officer, *19 and resisting an officer with force. A.L. contends the court erred by not considering her state of mind at the time she resisted. Two of the offenses--resisting an officer ( Pen. Code, § 148, subd. (a)(1) ) and forcefully resisting an officer ( Pen. Code, § 69 )--require actual knowledge that an officer is engaged in the performance of duty. Since the record does not unambiguously show the juvenile court misapplied the law, we must affirm the wardship order.

I. BACKGROUND

Sixteen-year-old A.L. was in a fight with her sister violent enough for police to be called. Several officers responded in full uniform and marked patrol cars. When they arrived, A.L.'s sister was on the ground covering her face and A.L. appeared to be kicking her. A.L. walked to one of the officers and said, "Take her to the fucking jail. Look, she bit me," while displaying a bite mark on her arm. She then started back toward her sister, who was still on the ground. The officer grabbed A.L.'s arm and told her, "I saw you kick her when she was down ...

*575…

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