In re J.P.













Filed 10/18/10 In re J.P. CA5







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.





THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT


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In re J.P., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent, v. J.P., Defendant and Appellant.	F058785 (Super. Ct. No. JJD062423) >OPINION

THE COURT^*

APPEAL from
a judgment of the Superior Court of Tulare
County. Hugo J. Loza, Commissioner.

Arthur L.
Bowie, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G.
Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General,
and Wanda Hill Rouzan, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

Minor J.P. was found to have committed assault with force
likely to cause great bodily injury against another minor (V.). On appeal, J.P. contends insufficient
evidence supported the finding that he violated Penal Code section 245.^[1]

PROCEDURAL SUMMARY

On August 5, 2009, the Tulare County District Attorney filed a petition
pursuant to Welfare and Institutions Code section 602, alleging that J.P. committed assault by means likely to
produce great bodily injury (§ 245, subd. (a)(1); count 1) and battery
(§ 242; count 2).

The
juvenile court found the allegations true.
J.P. was committed to the Tulare County Youth Facility for 365 days less
120 credit days for time served.

FACTS

On July 31,
2009, Officer Zametti was on duty at the juvenile youth facility, and was
positioned at the podium in the bunk room when she saw â€