In re J.C

Filed 2/23/06 In re J.C. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. Douglas N. Gericke, Judge. Affirmed.

Brent Riggs, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Jeffrey J. Koch, Deputy Senior Assistant Attorney General, and Robert M. Foster, Supervising Deputy Attorney General, for Plaintiff and Respondent.

Following a contested jurisdictional hearing, the juvenile court found true that minor had committed a misdemeanor battery on school property (Pen. Code, § 243.2)^[1] and not true the allegation that minor had committed an assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)). Minor was thereafter declared a ward of the court and placed in the custody of his parents on probation. Minor's sole contention on appeal is that there was insufficient evidence to sustain the juvenile court's true finding that he had committed a battery on school grounds. We reject this contention and affirm the judgment.

I

FACTUAL BACKGROUND

On October 26, 2004, the victim, Robert A., an 11-year-old fifth grade boy, was forced into the high school football team's locker room by minor and another and then beaten by team members of the football team. Specifically, M.W., a ninth grade football team member at San Gorgonio High School, testified that on the day of the incident the victim was outside the boys' locker room when some guys said, â€