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In Re Maria D., A Person Coming Under the Juvenile Court v. Maria D

September 13, 2011

IN RE MARIA D., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MARIA D., DEFENDANT AND APPELLANT.



(Los Angeles County Super. Ct. No. FJ45959) APPEAL from orders of the Juvenile Court of Los Angeles County, Shep Zebberman, Temporary Judge.

The opinion of the court was delivered by: Kumar, J.*fn5

CERTIFIED FOR PUBLICATION

(Pursuant to Cal. Const., art. VI, § 21.)

Affirmed.

I. BACKGROUND

The juvenile court found true an allegation in a petition filed pursuant to Welfare and Institutions Code section 602 that appellant committed an attempted lynching in violation of Penal Code*fn1 sections 664 and 405a. Appellant was declared a ward of the court and ordered to a camp community placement program for a maximum term of two years.

Appellant contends the court's order sustaining the petition based on a finding that she committed an attempted lynching was "legally incorrect." Specifically, she argues the prosecution improperly alleged attempted lynching (a felony) because, to the extent she may have done anything illegal, her conduct was covered by more specific legislation - that which proscribes incitement of a riot (a misdemeanor). The premise of appellant's claim - that general principles of attempt set forth in section 664 are not applicable to lynching because the incitement to riot legislation specifically addresses and punishes the conduct - is incorrect. Accordingly, the claim is rejected and the orders of the juvenile court are affirmed.

II. FACTS

A. Prosecution Evidence

On November 10, 2010, at approximately 4:15 p.m., Los Angeles Sheriff's Department Deputy Anthony Maldonado responded to a radio call directing him to a location on 125th Street in Los Angeles. When he arrived, the scene in front of a single family residence was "chaotic." Approximately 10 to 15 people were screaming and asking for the assistance of law enforcement. Four deputies arrived in three patrol cars - one car was in the rear of the residence and the others in the front.

The officers were outnumbered so they asked the men in the group to approach and place their hands on the hoods of the patrol cars. The females were told to remain "inside the fence line" of the residence. All of the men (approximately eight African-American males) complied with the officers' request with the exception of Venerando Coronel*fn2 (the sole Hispanic male). A deputy approached Coronel, took control of his hands, and escorted him to one of the patrol vehicles.

Coronel "kept squirming." He used profanity and indicated he was not doing anything wrong. Coronel was placed in the rear seat of a patrol car. He then laid down on the seat and kicked a rear passenger window, causing it to shatter.

Appellant crossed the fence line and approached the officers from behind. The deputies were "surrounded" by the previously detained individuals. Appellant yelled profanities and instructed the deputies to release Coronel because he had done nothing wrong.

Los Angeles Sheriff's Department Deputy Tania Giggles observed appellant as she walked toward the other deputies. Appellant was saying, "[f]uck you pigs . . . [l]et him go" as she was gesturing to the males who had their hands on the patrol cars as if to say "come here." The African-American males looked in appellant's direction. Appellant extended her arms such that it appeared she was going to grab a deputy and pull him away from the vehicle where Coronel was detained. Deputy Giggles reached ...


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