California Court of Appeal

The juvenile court's order declaring defendant-minor a ward of the juvenile court based on a finding he had fought in a public place under Penal Code section 415(1) is reversed and remanded, where: 1) the juvenile court should not have declared defendant a ward based on fighting in public under section 415(1), because that offense was neither charged in the petition nor a lesser included offense of fighting on school grounds under section 415.5, the violation that was alleged; and 2) adjudication based on section 415 must be reversed because section 415.5 is a special statute that preempts section 415, at least with respect to fighting by a student on school grounds.

Appellate Information

• Decided 06/26/2014
• Published 06/26/2014

Judges

• NEEDHAM

Court

• California Court of Appeal

Counsel