California Court of Appeals, Second District, Sixth Division
In re B.M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent,
B.M., Defendant and Appellant
Superior Court of Ventura County, No. 2016025026, Brian Back,
[Copyrighted Material Omitted]
Ford, under appointment by the Court of Appeal, for Defendant
Becerra, Attorney General, Gerald A. Engler, Chief Assistant
Attorney General, Lance E. Winters, Assistant Attorney
General, Susan Sullivan Pithey and Michael J. Wise, Deputy
Attorneys General, for Plaintiff and Respondent.
by Yegan, Acting P. J., with Perren and Tangeman, JJ.,
Cal.Rptr.3d 297] YEGAN, Acting P. J.
common butter knife is designed to cut and spread butter. In
the hand of a person bent on assaulting another, it may be a
useful tool to inflict great bodily injury. Consistent with
an express direction from the California Supreme Court (
People v. McCoy (1944) 25 Cal.2d 177, 188-189 [153
and time-honored rules on appeal, we conclude that the trial
court's factual finding that the instant butter knife was
a deadly weapon must be affirmed on appeal. To the extent
that In re Brandon T. (2011) 191 Cal.App.4th 1491');">191 Cal.App.4th 1491
[120 Cal.Rptr.3d 637] holds to the contrary, we respectfully
shall explain, an assault with a deadly weapon is complete
when the defendant, with the requisite intent, uses an object
in a manner which is capable of producing great bodily injury
upon the victim. Such an assault is not negated by (1) the
victim's use of a shield or body armor to prevent injury;
or (2) ineptness or poor aim in the use of the object; or (3)
lack of success in inflicting great bodily injury.
appeals from a juvenile court order declaring her a ward of
the court and ordering her to serve 90 days in a juvenile
justice facility. After a contested jurisdictional hearing,
the court sustained a petition charging that appellant
committed a felony assault with a deadly weapon (a knife) in
violation of Penal Code section 245, subdivision (a)(1).
on Miranda v. Arizona (1966) 384 U.S. 436');">384 U.S. 436 [16
L.Ed.2d 694, 86 S.Ct. 1602] ( Miranda ), appellant
contends the juvenile court erroneously admitted statements
she made to the police. She also contends that the evidence
is insufficient to support the finding that the knife ...