Opinion
NOT TO BE PUBLISHED
Appeal from a judgment of the Superior Court of Orange County, No. DL036516 Donna L. Crandall, Judge.
Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobeck, Christine Levingston Bergman and Marissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent.
OPINION
BEDSWORTH, ACTING P. J.
The juvenile court sustained allegations appellant committed battery and attempted arson by burning the hair of a fellow student at his school. Appellant contends there is insufficient evidence to support the court’s finding he committed attempted arson, and respondent agrees. Therefore, we will reverse the court’s finding in that regard.
BACKGROUND
The undisputed evidence shows that on the morning of June 9, 2010, appellant was attending class at Century High School in Santa Ana when he flicked on a lighter and waved the flame underneath the hair of the girl who was sitting in front of him. Seeing the flame touch the girl’s hair, the teacher confronted appellant, and he surrendered the lighter to him. He also asked the teacher not to tell his probation officer about the incident. Later, appellant admitted to a school police officer that he burned the girl’s hair as a joke. He said he did so because the girl had burned him on a previous occasion.
The juvenile court found true the allegations that appellant committed attempted arson and battery. It then reinstated appellant on probation on the condition he serve 180 days in an appropriate juvenile facility. On appeal, appellant contends there is insufficient evidence he committed attempted arson. The Attorney General concedes the issue, and we have no occasion to question that decision. At the parties’ behest, we will reverse the juvenile court’s true finding on the attempted arson allegation.
DISPOSITION
The juvenile court’s true finding on the charge of attempted arson as alleged in count 1 is reversed. In all other respects, the judgment is affirmed.
WE CONCUR: MOORE, J., ARONSON, J.