In re John A
Filed 3/21/06 In re John A. CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| In re JOHN A., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. JOHN A., Defendant and Appellant. |
F048005
(Super. Ct. No. JW073963-02)
OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Robert S. Tafoya and H. A. Staley, Judges.*
Derek K. Kowata, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Catherine Chatman and Julie A. Hokans, Deputy Attorneys General, for Plaintiff and Respondent.
The minor, John A., appeals from the juvenile court's finding that he committed two counts of felony assault with a deadly weapon against a peace officer. He claims the evidence is insufficient to prove that the rocks he threw at the officers were deadly weapons. In addition, he argues the juvenile court was required to exercise its discretion when it determined his maximum term of confinement even though he was not committed to the California Youth Authority (CYA). We agree that the evidence is insufficient to support the felony deadly weapon adjudications, but the evidence does support modifications reducing the felony findings to lesser included offenses of misdemeanor assaults on peace officers, causing us to remand the matter for misdemeanor dispositions.
FACTS
Kern County Deputy Sheriff Joseph Garcia answered a call shortly before midnight from a homeowner who was concerned that someone might be in her yard. The homeowner had heard â€
