In re Elijah A.



























Filed 3/22/13 In re Elijah A. CA2/8

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>NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115>.





IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND
APPELLATE DISTRICT



DIVISION
EIGHT




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In re ELIJAH A., a Person Coming Under the Juvenile Court Law.	B244702
THE PEOPLE, Plaintiff and Respondent, v. ELIJAH A., Defendant and Appellant.	(Los Angeles County Super. Ct. No. GJ29670)

APPEAL from a judgment of
the Superior Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Los Angeles
County.

Robin
Miller Sloan, Judge. Affirmed.



Gerald Peters, under appointment by
the Court of Appeal, for Defendant and Appellant.



No appearance for Plaintiff and
Respondent.





____________________________________

The People filed a petition (Welf. & Inst. Code,
§ 602) alleging that 14-year-old Elijah A. had committed the offense of
misdemeanor battery on a school employee. (Pen. Code, § 243.6.) At the adjudication, the victim, Sevan
Sarkisyan, testified that he worked as a school district security officer
assigned to Pasadena High
School.
During a school day, Sarkisyan was escorting Elijah to an assistant
principal’s office when Elijah grabbed Sarkisyan’s forearm. The assistant principal also testified that
Elijah grabbed Sarkisyan’s arm. Elijah
held onto Sarkisyan’s arm for approximately 10 seconds. The juvenile court found that Elijah
committed the alleged offense. The court
ordered Elijah placed home on probation.


DISCUSSION

We
appointed counsel to represent Elijah on appeal. Counsel filed an href="http://www.fearnotlaw.com/">opening brief pursuant to >People v. Wende (1979) 25 Cal.3d 436,
setting forth the procedural and factual history of the case and requesting
that we review the entire record on appeal for arguable issues. Our court notified Elijah by letter that he
could submit any claims or arguments which she wished our court to
consider. Elijah did not respond.

We have
independently reviewed the record on appeal, and are satisfied that appointed
counsel fulfilled his duty, and that no arguable
issues exist. (See >People v. Wende, supra, 25 Cal.3d 436, >People v. Kelly (2006) 40 Cal.4th
106.) “A battery is any willful and
unlawful use of force or violence upon the person of another.” (Pen. Code, § 242.) The statutory language is interpreted to
require a “touching.” (See, e.g., >People v. Mansfield (1988) 200
Cal.App.3d 82, 87-88.) The “least
touching” may constitute a battery; it need not be severe, nor cause bodily
injury or pain or leave a mark; a defendant need not intend to injure, but only
have the intent to commit the act. (>Ibid.)
The record supports the juvenile court’s finding that Elijah unlawfully
touched a school employee.











>DISPOSITION

The
judgment is affirmed.



BIGELOW, P. J.

We
concur:



RUBIN, J.





GRIMES, J.