In re P.G. CA2/7
The juvenile court sustained a petition under Welfare and Institutions Code section 602 alleging that Pablo G. committed a battery against a security officer in violation of Penal Code section 243, subdivision (b). Pablo G. appeals the adjudication order, contending that: (1) the prosecution presented insufficient evidence that the victim was a security officer within the meaning of Penal Code section 243; and (2) the court abused its discretion when it denied his request for a continuance to obtain the presence of a witness.
We agree there is insufficient evidence to support the court’s finding that Pablo G. committed a battery against a security officer, and therefore modify the adjudication order to the lesser included offense of simple battery under Penal Code section 242. We also conclude that the trial court did not abuse its discretion in denying the continuance.
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