In re Edgar R.
Edgar R. appeals from the judgment entered after the juvenile court sustained a Welfare and Institutions Code section 602 petition alleging assault by means of force likely to produce great bodily injury. (Pen.Code, § 245, subd. (a)(1).)[1] The court found true an allegation that the offense had been committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1).) (CT 1-3; RT 165-166) Appellant was committed to the Division of Juvenile Justice for a maximum of 3,285 days.
The issues on appeal concern appellant's claim of defense of another, which the juvenile court rejected. Appellant contends that (1) the court erroneously concluded that he did not have the right to assert the claim because he had "never disengaged from the fight" initiated by the person whom he allegedly was defending; (2) the evidence is insufficient to support the court's finding that he had used excessive force; and (3) the prosecutor committed misconduct and violated due process by making an argument that was inconsistent with the People's position in another case. Court affirm.
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