In re Josue A.

Filed 9/11/06 In re Josue A. CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from an order of the Los Angeles County Superior Court.

S. Robert Ambrose, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed as modified.

Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Theresa A. Patterson and April S. Rylaarsdam, Deputy Attorneys General, for Plaintiff and Respondent.

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Josue A. appeals from an order of the juvenile court sustaining a petition filed pursuant to Welfare and Institutions Code section 602 alleging he had made criminal threats and committed assault with a deadly weapon (a knife) (Pen. Code, §§ 422, 245, subd. (a)(1)), declaring him to be a ward of the juvenile court, and ordering him home on probation. Josue A. contends the evidence is insufficient to support the finding he made criminal threats and one of his probation conditions is unconstitutional. We affirm the order as modified.

FACTUAL AND PROCEDURAL BACKGROUND

According to the evidence at the adjudication hearing, Los Angeles Police Officer Ramon Zepeda was called to the home of Carla M. on the afternoon of February 28, 2005. Carla M. was living alone with her sons, 14-year-old Josue A. (the minor), 13-year-old Andy A., and three-year-old Alex. Officer Zepeda spoke with Andy A. who said that he and the minor argued because Andy A. had touched Alex's chin. The minor told Andy A., â€