(the People, Plaintiff and Respondent V. J.B., Defendant and Appellant)
In:
Submitted By sandrine19 Words 1455 Pages 6
Case 1
THE PEOPLE, Plaintiff and Respondent,
v.
J.B., Defendant and Appellant.
1- The facts of the case
Appellant J.B. (minor) was found to have committed felony false imprisonment on evidence he and three other young men surrounded and tripped a man. The victim, who did not speak English, did not understand what the young men said in the course of the incident, and he was unable to identify any particular action by the minor, other than his participation in the initial surrounding. The minor contends there was not sufficient evidence to support a finding he committed felony false imprisonment because it was not shown that he personally used "violence," as that term is defined in the law of false imprisonment. 2- The law that were affected is criminal law ,personal crimes 3- The issues at hand is false imprisonment. In a petition filed on December 5, 2012, the minor was alleged to have committed attempted second degree robbery, assault by means of force likely to cause great bodily injury, and false imprisonment by means of force and violence. Following a contested jurisdictional hearing, the juvenile court found not true the allegations of attempted robbery and assault, but it found true the allegation of false imprisonment by means of force and violence. The minor was held to be a ward of the court and released to the custody of his mother. 4- The juvenile court's finding that the minor committed felony false imprisonment is reversed. The matter is remanded to the juvenile court for entry of an amended dispositional order finding the minor to have committed misdemeanor false imprisonment. 5- The court held that way because there was no evidence that the minor personally took any additional action. 6- I don’t think the decision was fair. There was sufficient evidence to support a finding the minor committed misdemeanor false