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Name: People v. A.M.
Case #: E057355
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/24/2014

Delinquent confined in a juvenile hall facility committed “battery by gassing” on a local detention facility employee when he spit on a probation officer at the facility. The minor was detained at the Central Valley Juvenile Detention and Assessment Center, a detention facility operated by the County Probation Department, pending a disposition hearing on a delinquency petition. During an incident at the detention center, the minor spit in the face of a probation officer. A subsequent petition alleging that the minor had committed battery by gassing (Pen. Code, § 243.9, subd. (a)), and resisting an executive officer was found to be true. On appeal, the minor contended that the evidence was insufficient to support the true finding on the section 243.9 violation because the Central Valley Juvenile Detention and Assessment Center did not constitute “any local detention facility” within the meaning of the statute. Held: Affirmed. Section 243.9 provides that “[e]very person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer . . . or employee of the local detention facility” is subject to punishment. Based on the plain meaning of the words in the statute, section 243.9 applies to minors confined in juvenile hall. The legislative history, public policy, and the statutory scheme also support this conclusion.