In re Gregory H.
Filed 1/22/07 In re Gregory H. CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
In re GREGORY H., a Person Coming Under the Juvenile Court Law. | B186005 (Los Angeles County Super. Ct. No. MJ13024) |
THE PEOPLE, Plaintiff and Respondent, v. GREGORY H., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County. Richard E. Naranjo, Judge. Affirmed in part, reversed in part, and remanded.
Reddock Law Group and Angela J. Reddock for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Jaime L. Fuster and Beverly K. Falk, Deputy Attorneys General, for Plaintiff and Respondent.
After finding that Gregory H. committed second degree murder, the juvenile court sustained a petition making him a ward of the court (Welf. & Inst. Code, § 602). We find that the record lacks substantial evidence supporting the second degree murder finding. The record supports a finding that Gregory committed a voluntary manslaughter, a lesser included offense. We reduce the level of offense and remand the case to the juvenile court to reconsider Gregory's commitment.
FACTUAL AND PROCEDURAL BACKGROUND
On April 12, 2005, Gregory's baseball team lost to the last place team, ending its undefeated record. After the game, while Gregory, then 13 years old, was standing in line at a concession stand, Jeremy Rourke, then 15 years old, began teasing Gregory. Jeremy shoved Gregory at least twice. Gregory removed his bat from his bag (the exact location of his bag was disputed), and hit Jeremy in the knee. Gregory hit Jeremy a second time, striking him in the head. Jeremy died as a result of blunt force trauma to the head. It was undisputed that on April 12, 2005, Jeremy weighed approximately 190 pounds and Gregory weighed approximately 90 pounds.
Gregory's challenges to the sufficiency of the evidence require a detailed summary of the trial testimony.
Prosecution Witnesses
Derek Rushing managed Gregory's baseball team, the Angels. After the game, he asked everyone to enter the dugout. Gregory left the dugout to put his gear away. Gregory appeared upset. When Rushing asked Gregory to return, he did. Even though the team lost, Gregory had an outstanding game, hitting two for three.
Hector C. played on Gregory's baseball team. He testified that, at the snack bar, Jeremy was teasing the team about the loss. Jeremy said â€
