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Name: In re Wasif M.
Case #: B166776
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 06/04/2004
Subsequent History: Rev. den. 9/15/04

The juvenile court made appellant a ward of the court after finding that he had thrown stones at a bus in violation of Penal Code section 219.2. On appeal, the minor contended that section 219.2 occurs only if the defendant throws a stone with the specific intent to strike or wreck a bus. He claimed there was insufficient proof that he intended to or did throw rocks “at” the bus. The appellate court rejected his argument. The plain language of the statute does not support the contention that section 219.2 requires the specific intent to strike or wreck a bus. The trial court’s determination that appellant willingly threw stones in the direction of, and therefore at, buses in the area, was sufficient to establish a violation of the statute. Further, there was “thin,” but sufficient evidence to support the violation because a police officer testified he saw appellant throw rocks, that buses were in the area where he was throwing them, that he threw the rocks in their direction, and that rocks hit passing vehicles.