People v. D.T.

Opinion

RAMIREZ, P. J. —

The trial court sustained a juvenile wardship petition (Welf. & Inst. Code, § 602) after finding true the allegation that defendant and appellant D.T. (minor) assaulted a victim with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The court deemed the offense a misdemeanor and ordered minor to be placed in his parent’s home, subject to certain probation terms.

On appeal, minor argues insufficient evidence supports the allegation that he used a deadly weapon. He therefore asks us to reduce the allegation the court found true to one for simple assault. (Pen. Code, §…