In re Terrell B.
On August 14, 2007, Terrell B. (appellant) and Devon C.both under the age of 16were involved in a violent confrontation culminating outside a martial arts studio in Fairfield. Consistent with Welfare and Institutions Code section 602,[1]the Solano County District Attorney filed a petition alleging that appellant violated Penal Code section 245, subdivision (a) (1), assault with a deadly weapon.
Appellant argues on appeal that the evidence shows as a matter of law that he used only so much force as was reasonable to defend against the imminent danger posed by Devon. We conclude substantial evidence supported the juvenile courts determination that appellants use of force was excessive and that the danger posed by the assailant lacked the requisite imminence. Court therefore affirm the order.
Comments on In re Terrell B.