In re Jonathan S.
The minor, Jonathan S., appeals from a wardship order based upon a finding he committed an assault by means of force likely to inflict great bodily injury. (Pen. Code, § 245, subd. (a)(4); Welf. & Inst. Code, § 602.) We affirm the wardship order.
First, the minor contends the evidence was insufficient because he acted in self-defense. This contention has no merit. We review this contention for substantial evidence. (Jackson v. Virginia (1979) 443 U.S. 307, 318; In Babak S. (1993) 18 Cal.App.4th 1077, 1088-1089.) The minor and several friends precipitated an incident which resulted in a bottle of water being thrown on a high school gym floor. The minor’s skateboard was taken from him. This was because the minor was threatening to strike another minor with the skateboard. The victim began walking towards the high school gym. The minor approached the victim from behind. The victim was placed in a “naked choke hold†for “about 20 seconds. The choking continued until a band instructor physically removed the minor’s hands from the victim’s throat. The victim was having a “lot of trouble†breathing. Neither the minor nor any other person was in jeopardy when the victim was choked. This constitutes substantial evidence the minor was not in imminent danger of suffering bodily injury. This supports the juvenile court’s rejection of the minor’s self-defense contention. (People v. Minifie (1996) 13 Cal.4th 1055, 1064; People v. Lee (2005) 131 Cal.App.4th 1413, 1427.)
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