In re Moses S.

Filed 6/8/06 In re Moses S. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO

APPEAL from a judgment of the Superior Court of Los Angeles County.

Charles Q. Clay, III, Judge. Affirmed with directions.

Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Ana R. Duarte, Supervising Deputy Attorney General, Tasha G. Timbadia and Daniel Chang, Deputy Attorneys General, for Plaintiff and Respondent.

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Moses S. is the subject of a petition filed in juvenile court, alleging that he committed assault and battery with force likely to produce great bodily injury. The court sustained three of the petition's four felony counts. On appeal, Moses S. challenges the sufficiency of the evidence and the accuracy of the court's minute order. We affirm the order of wardship, but direct the juvenile court to correct its minute order to reflect the court's oral statements.

FACTS

Appellant Moses S. was a student at Compton High School, along with Rudy M. and Enrique P. On the afternoon of February 25, 2005, Rudy and Enrique were standing near the high school's track, waiting for their physical education class to begin. As the two boys awaited the arrival of their teacher, a Black student approached and asked Enrique where he was from. In the local vernacular, this is a way of finding out whether Enrique belongs to a street gang. Enrique replied that he does not â€