In re Joel B.
Filed 7/27/06 In re Joel B. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
| IN RE JOEL B., a Person Coming Under the Juvenile Court Law. | H029277 (Santa Clara County Super. Ct. No. JV29066) |
| THE PEOPLE, Plaintiff and Respondent, v. JOEL B., Defendant and Appellant. |
The minor, Joel B., appeals from an order of the juvenile court adjudging him to be a ward of the court and placing him on probation with various terms and conditions, including that he have no contact of any type with the victim and the victim's family. He contends that the evidence was insufficient to support the juvenile court's finding that he aided and abetted an assault. He further contends that the probation condition that he have no contact with the victim and the victim's family must be modified to include a knowledge requirement. We agree with the latter contention. Therefore, we will modify the probation condition and affirm the dispositional order as so modified.
BACKGROUND
On May 16, 2005, a petition pursuant to Welfare and Institutions Code section 602 was filed as to the minor alleging that he committed felony assault on James S. by means of force likely to produce great bodily injury (Pen. Code,[1] § 245, subd. (a)(1); count 1), and felony false imprisonment of James S. (§§ 236, 237; count 2).
A joint contested jurisdictional hearing, which involved this minor and three others, began on July 26, 2005. The testimony at the hearing was as follows.
The minor gave James S. a ride to a friend's house one morning in early May 2004. During the ride, the minor did not threaten James or challenge him to a fight. James, his friend, and four others drank a 1.75 liter bottle of Jose Cuervo tequila beginning at 11:00 a.m. at the friend's house. Scott N. and Jesse L. picked James up afterwards and took him to Patrick I.'s house around 1:30 or 2:00 p.m. James was still intoxicated at this time.
Patrick, Scott, Jesse, and James were all watching television at Patrick's house when Tyler W., Samir Q., the minor, and two others walked into the room. James knew Patrick, Tyler, Samir, and the minor from school, and he considered Patrick and Tyler to be his friends. The minor and the others who came with him confronted James about an offensive statement that James allegedly made about the minor earlier in the day while James was drinking at his friend's house. James realized that this was the reason he was brought to Patrick's house.
They all went outside to the backyard where Tyler, Samir, Patrick, the minor, and two others stood around James in a semi-circle. Patrick had a videotape recorder and taped parts of the subsequent incident.[2] Scott, who had smoked marijuana and felt high, and Jesse sat behind Patrick. Tyler appeared to be upset. Tyler, Samir, Patrick, and the minor asked James to kiss Samir's shoe in order to make amends for offending the minor. They said that if James did not kiss the shoe, they were going to beat him up. James said that he would rather be punched in the face than kiss somebody's shoe, but he also said that he did not want to fight. He repeatedly said that he was sorry. He felt that if he tried to leave, however, the matter would escalate. The confrontation lasted for an extended period of time, and not all of it was captured on the videotape.
Tyler, Patrick, Samir, and the minor told James to get down on his knees. Tyler hit James in the face, took him down to the ground, and slammed his head on the ground several times. Jesse told Tyler to â€
