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In re A.B.

In re A.B.
11:27:2010

In re A





In re A.B.









Filed 11/22/10 In re A.B. CA6




NOT TO BE PUBLISHED IN OFFICIAL REPORTS


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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT


IN RE A. B., a Person Coming Under the Juvenile Court Law.

H035385

(Santa Clara County
Super. Ct. No. JV32587)


THE PEOPLE,

Plaintiff and Respondent,

v.

A. B.,

Defendant and Appellant.


The minor, A. B., appeals from a dispositional order, following the findings by the juvenile court that he committed an auto burglary (Pen Code, §§ 459, 460, subd. (b))[1] and exhibited a deadly weapon, a baseball bat (§ 417, subd. (a)(1)). The court committed the minor to juvenile hall for 120 days and ordered that he participate in the life skills program.
On appeal the minor contends that there was insufficient evidence to support the finding of an auto burglary on an aiding and abetting theory, and insufficient evidence to support a finding that he exhibited a weapon when he acted, according to the minor, in imperfect defense of another.
For reasons that we will explain, we will affirm the dispositional order.
BACKGROUND
Prior Petitions and Notices
On February 16, 2007, the district attorney filed a petition under Welfare and Institutions Code section 602 alleging that the minor, then age 14, committed a kidnapping during a carjacking (§ 209.5; count 1, a felony), an attempted robbery in the second degree (§§ 211, 212.5, subd. (c), 664; count 2, a felony), a second degree robbery (§§ 211, 212.5, subd. (c); count 3, a felony); a carjacking (§ 215; count 4, a felony); and an assault â€




Description The minor, A. B., appeals from a dispositional order, following the findings by the juvenile court that he committed an auto burglary (Pen Code, §§ 459, 460, subd. (b))[1] and exhibited a deadly weapon, a baseball bat (§ 417, subd. (a)(1)). The court committed the minor to juvenile hall for 120 days and ordered that he participate in the life skills program.
On appeal the minor contends that there was insufficient evidence to support the finding of an auto burglary on an aiding and abetting theory, and insufficient evidence to support a finding that he exhibited a weapon when he acted, according to the minor, in imperfect defense of another.
For reasons that Court explain, Court will affirm the dispositional order.
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