In re Miles S.

Filed 8/22/06 In re Miles S. CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

After a contested jurisdictional hearing, the juvenile court found true allegations that appellant, Miles C., committed the offenses of battery upon a peace officer and resisting an executive officer. Appellant contends that the officers were not lawfully engaged in performance of their duties at the time of the alleged offenses, thus there was insufficient evidence to support a true finding on either count. In the alternative, appellant requests clarification of the record to reflect that he was found to have violated Penal Code[1] section 243, subdivision (b) (battery on a police officer), rather than section 243, subdivision (c) (battery inflicting injury on a police officer). Because the juvenile court's jurisdictional order is ambiguous on this point, we remand for modification of the order to eliminate the ambiguity. In all other respects, we affirm the court's findings and ensuing judgment.

I. BACKGROUND

Appellant was charged by juvenile petition with two counts of battery with injury upon a peace officer (§§ 242, 243, subd. (c)(2); counts one [Officer Darrell Jones] & two [Officer Joseph Avila]), and one count of resisting an executive officer (§ 69; count three [Officer Avila & Officer Jones]). After a contested jurisdictional hearing, the court found counts two and three true, and dismissed count one due to insufficient evidence. Appellant was adjudged a ward of the court and sentenced to the county â€