In re Junior N. CA1/2

BACKGROUND

On August 1, 2011, a supplemental wardship petition (Welf. & Inst. Code, § 602, subd. (a)) was filed alleging defendant committed assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)), and that defendant personally inflicted great bodily injury on another during the offense (Pen. Code, § 12022.7). In count 2, the petition alleged that defendant made criminal threats (Pen. Code, § 422).

1 The underlying offense, as set forth in the probation report, stated that on July 1, 2011, the mother of Jermaine B. (the victim’s mother) heard yelling outside her home and noticed that her 14-year-old son was on the ground. He was being kicked and punched by five youths, including defendant. A passerby rescued Jermaine and people detained the suspects. At a lineup, the victim’s mother identified defendant as the primary aggressor in the assault of her son. The police reports described Jermaine as slipping in and out of consciousness after the assault. He was diagnosed with a fractured nose and a fractured orbital bone below his left eye. He was throwing up uncontrollably during discharge from the hospital and it was discovered that he had a…