In re E.B.
While trick-or-treating with his younger brother on Halloween night in 2011, E.B., the minor, approached Tomas R., asked if Tomas had some marijuana, and when Tomas turned around, punched Tomas several times in the face, causing a fractured nose, an orbital fracture, and two facial lacerations. The minor was charged by way of a delinquency petition with one paragraph alleging aggravated assault (Pen. Code, § 245, subd. (a)(1)), with an enhancement allegation relating to the infliction of great bodily injury (Pen. Code, § 12022.7, subd. (a)), and a second paragraph alleging battery with serious bodily injury. (Pen. Code, § 243, subd. (d).) The petition was sustained following a court trial and the minor was placed on probation. The minor appealed.
On appeal, the minor claims the court erred (a) in permitting the victim to invoke his right to remain silent on cross-examination; (b) in not ordering count 2, the battery count, stayed pursuant to Penal Code section 654; and (c) in making true findings on both the aggravated assault and battery counts based on the same acts. We affirm.
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