In re J.H.

















Filed 7/3/12 In
re J.H. CA1/3

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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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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



FIRST APPELLATE DISTRICT



DIVISION THREE




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In re J.H., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent, v. J.H., Defendant and Appellant.	A133392 (Alameda County Super. Ct. No. SJ06005798)

Minor J.H. has a history of
delinquent behavior that began at age 12. At age 16, a href="http://www.fearnotlaw.com/">juvenile wardship petition was reopened
upon allegations that minor assaulted another young man and inflicted great
bodily injury. (Pen. Code, §§ 245, subd. (a)(1), 12077.7, subd. (a); Wel.
& Inst. Code, § 602, subd. (a).) Following a contested jurisdictional
hearing, the juvenile court found the allegations to be true and placed minor
in a group home. Minor appeals, contending that the evidence is insufficient to
support the great bodily injury finding. We reject the contention and shall
affirm the juvenile court’s order.

facts and court proceedings

Minor had a long-standing feud with
Jordan S., a fellow high school student. Jordan
testified that minor instigated and perpetuated the feud with name-calling, physical
attacks and general “bullying.” The confrontation at issue here occurred on January 11, 2010. On that day, Jordan
was playing soccer in a physical education class when minor, who was not
enrolled in the class, joined the game and then tackled Jordan.
Tackling is outside the rules of soccer and Jordan
asked minor “why did he do that.” Minor said, “Because I can, because I felt
like it.” In retaliation, Jordan pushed minor and the two boys pushed each
other back and forth as several of minor’s friends “egg[ed]” them on. Jordan
broke off the confrontation and walked away, as minor called him “retarded” and
other “harsh names.”

During the following lunch period, Jordan
walked to a nearby store to buy potato chips. Minor and his friends followed Jordan. The
group of boys surrounded Jordan,
taunted him and said minor wanted to fight. Minor then squared off directly in
front of Jordan and asked, “Do you want to fight me?” Before Jordan
could respond, minor punched Jordan in
the face. The punch struck Jordan in
the left eye, rendering him unable to see well enough to defend himself. Minor
repeatedly punched Jordan in the face with both fists and knocked Jordan to
the ground. The back of Jordan’s head struck a tree and Jordan
lost consciousness.

Jordan remained unconscious for
approximately 20 minutes. The lunch period and Jordan’s one-block walk to the
store began at 12:04 p.m. The punching occurred outside the store and lasted
only about a minute before Jordan fell to the ground. At 12:35 p.m., someone
called the police to report a person lying in the bushes. A police officer
arrived on the scene within a minute or two and found Jordan lying on the
ground. The officer testified that he called for an ambulance because Jordan
“wasn’t responding to my questions or anything.” The officer said Jordan
“wasn’t speaking at all.” Jordan looked “dazed and confused” and had “a blank
stare on his face.” This condition lasted about five minutes, until the
ambulance arrived and medical personnel were able to induce a response from
Jordan. Jordan testified that he did not regain consciousness until he was in
the ambulance.

Jordan was taken to the hospital
where he told a nurse that he had a headache and was nauseated. Jordan
complained of “moderate pain” and appeared to be in “moderate distress”
according to medical records. The hospital staff reported that Jordan had
abrasions on his face and head, and facial swelling and tenderness. The
hospital performed a CT scan, which found no brain hemorrhage and no “midline
shift or mass effect.” A physician’s clinical impression was href="http://www.sandiegohealthdirectory.com/">“minor closed head injury,”
“concussion with loss of consciousness,” and “multiple contusions to the face.”
Jordan was given pain medication and released after about three or four hours
at the hospital.

The juvenile court found minor
responsible for assault by means of force likely to produce great bodily injury
(Pen. Code, § 245, subd. (a)(1)) and also found that minor inflicted great
bodily injury (Pen. Code, § 12022.7, subd. (a)). The court set minor’s
maximum time of confinement at seven years and ordered him placed in a group
home.

discussion

Minor’s sole contention on appeal is
that there is insufficient evidence to
support the juvenile court’s finding that he inflicted great bodily injury upon
Jordan. (Pen. Code, § 12022.7, subd. (a)). “It is well settled that the
determination of great bodily injury is essentially a question of fact, not of
law” and will be affirmed on appeal if substantial evidence supports the trier
of fact’s determination “ ‘ “even though the circumstances might
reasonably be reconciled with a contrary finding.” ’ ” (>People v. Escobar (1992) 3 Cal.4th 740,
750.) The evidence here fully supports the juvenile court’s finding.

Great bodily injury, within the
meaning of the statute, “means a significant or substantial physical injury.”
(Pen. Code, § 12022.7, subd. (f).) Jordan’s injuries meet this standard.
He suffered facial contusions, a concussion and a loss of consciousness lasting
about 20 minutes. While the exact period of unconsciousness is uncertain, the
testimony establishes that Jordan lay unconscious long enough to become a
concern to bystanders and that a police officer summoned to the scene found
Jordan so dazed and confused that the young man could not respond to simple
questions for at least five minutes after the officer arrived to assist him.
Less severe injuries not impacting the brain, like bruises, abrasions and lacerations,
have been held to constitute great bodily injury. (People v. Escobar, supra, at p. 752 [collecting cases].)

It is true, as minor notes, that
Jordan did not experience any lasting brain injury or motor deficit but a
finding of great bodily injury does not require proof that the victim suffered
permanent, prolonged or protracted disfigurement, impairment, or loss of bodily
function. (People v. Escobar, supra,
3 Cal.4th at p. 750.) Nor is it dispositive that the medical records
characterize Jordan’s pain as “moderate” and his head injury as “minor.” “[A]
great bodily injury determination by the [trier of fact] rests on the facts as
presented at trial in the context of the particular crime and the particular
injuries suffered by the victim,” not on medical summations. (>People v. Cross (2008) 45 Cal.4th 58,
65.) That an emergency room physician records a victim’s head injury as “minor”
does not preclude a fact finder from determining, upon the evidence as a whole,
that the victim suffered great bodily injury within the meaning of Penal Code
section 12022.7, subdivision (a). The fact finder here had not only the medical
records to consider but also witness testimony describing the victim’s loss of
consciousness and incapacity. Viewed as a whole, the evidence supports the
finding of great bodily injury.

disposition

The order is affirmed.





_________________________

Pollak,
J.





We concur:





_________________________

McGuiness, P. J.





_________________________

Jenkins, J.