In re Michelle A.
Michelle A., a minor, appeals from the juvenile courts order declaring her a ward of the court under Welfare and Institutions Code section 602,[1]based on findings that she committed battery on a school employee (Pen. Code, 243.6) and disturbed the peace of a school campus (Pen. Code, 415.5). The court placed appellant home on probation.
We agree that there was not substantial evidence to support the finding that appellant knew or reasonably should have known that the victim was a school employee. However, the evidence supports a finding that appellant committed the lesser included offense of battery. (Pen. Code, 242.) On that basis we modify the wardship order to reduce the finding of battery against a school employee to simple battery. Court further conclude that because appellant was enrolled as a student in the school at issue, she could not be found to have disturbed the peace there as a matter of statutory definition. (See Pen. Code, 415.5, subd. (f).) Court therefore reverse the order as to that finding. As to the third contention, Court conclude that the court properly exercised its discretion in applying section 602 rather than section 725.
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