In re J.M. CA2/5

I. INTRODUCTION

J.M., a minor, appeals from the dispositional order. The juvenile court found that on January 2, 2012, the minor committed assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)), a felony. The juvenile court sustained the Welfare and Institutions Code section 602 petition and released the minor home on probation. We affirm the juvenile court order.

II. THE EVIDENCE

On January 2, 2012, the minor was at home with his mother and several siblings. An aroma of marijuana was coming from the minor‟s room. A brother, N.C., confronted the minor. An argument then ensued between the minor and his mother. They were yelling back and forth. N.C. thought the minor was going to hit their mother. N.C. tried to restrain the minor. This occurred while the minor was seated on his bed. N.C. stood over the minor. N.C. put one hand on the minor‟s shoulder. The minor lunged out with his foot. The minor kicked N.C. in the throat. N.C. hit the minor two or three times in the face and chest. The fight lasted about a minute. The two combatants were separated by family members. The minor was still upset. He was breathing heavily and seemed angry.…