In re D.H. CA1/4
D.H. appeals from an order declaring him a ward of the court. (Welf. & Inst. Code, § 602.) D.H. was charged with misdemeanor battery (Pen. Code, §§ 242, 243, subd. (a)) for lightly pushing his father in an attempt to close a car door. He contends there was insufficient evidence of a harmful and offensive touching to constitute battery. We agree. D.H. touched his father, but the touch was neither harmful nor offensive. D.H.’s attempt to move his father to close the car door was not a criminal battery warranting the prosecution of this 15-year-old boy.
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