Filed 11/23/05 In re Christopher B. CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re CHRISTOPHER B., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER B., Defendant and Appellant.	A109331 (San Francisco County Super. Ct. No. JW 04-6648)

After defendant admitted that he committed two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), the juvenile court found that he personally inflicted great bodily injury upon the victim (Pen. Code, § 12022.7, subd. (a)), and committed the offense of conspiracy (Pen. Code, § 182, subd. (a)(1)).[1] Defendant argues in this appeal that the evidence does not support the great bodily injury finding, and the commitment order of removal from his home was an abuse of discretion. We conclude that the evidence fails to support the finding that defendant personally inflicted great bodily injury, and remand the case to the juvenile court for a new dispositional hearing and order.

STATEMENT OF FACTS

Lennart was the victim of a senseless, unprovoked assault by a group of juveniles, one of whom was defendant.[2] Lennart testified that on the afternoon of November 17, 2004, he noticed a group of â€