In re Alex C.
The juvenile court sustained all allegations in the petition, finding appellant had committed three offenses, including attempted second-degree robbery with a gang enhancement (Pen. Code,[1] §§ 664, 211, 186.22, subd. (b)(1); count 1), misdemeanor battery (§ 242/243; count 2), and misdemeanor possession of an alcoholic beverage by a minor (Bus. & Prof. Code. The appeals court agreed with appellant's third contention because, as the People acknowledge on appeal, the prosecution presented no evidence the beer bottle appellant wielded during the underlying incident contained any alcohol, and the court finds no other circumstances from which appellant's possession of alcohol could be reasonably inferred. Accordingly, the appeals court reverse the juvenile court's true finding on count 3. In all other respects, the judgment is affirmed.
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