In re J.C.
In March 2011 a petition was filed alleging that 16 year-old J.C. entered a building with the intent to commit a felony (Pen. Code, § 459; count 1). (All further undesignated statutory references are to the Penal Code.) The petition further alleged that J.C. committed an assault on the victim, Jesse G., by means of force likely to produce great bodily injury (§ 245, subd. (a)(1); count 2) and attempted to kidnap Jesse G. (§§ 207, subd. (a), 664; count 3). The petition also alleged two misdemeanor violations: that J.C. possessed specified instruments with an intent to commit vandalism or graffiti (§ 594.2, subd. (a); count 4), and unlawfully resisted a peace officer (§ 148, subd. (a)(1); count 5). As to counts 1 through 3 it was alleged that J.C. committed those offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1).
Following a bench trial, the court made true findings as to counts 2 and 5. The court found counts 1 and 3, and the gang enhancement, had not been proven. Count 4 was dismissed on the People's motion after presentation of the People's case-in-chief.
On appeal, J.C. asserts (1) there was not sufficient evidence that he aided and abetted another individual in the assault on Jesse G, and (2) the court should have struck Jesse G.'s testimony because he was unavailable during the defense's case, thereby violating his right to due process and to confront witnesses. We affirm.
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