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IN RE RANDY S.

No. E023152.

90 Cal.Rptr.2d 423 (1999)

76 Cal.App.4th 400

In re RANDY S., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Randy S., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

Review Denied February 23, 2000.

Attorney(s) appearing for the Case

Michon M. Hinz, under appointment by the Court of Appeal, for Defendant and Appellant Randy S.

Bill Lockyer, Attorney General, David Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Carl H. Horst, Supervising Deputy Attorney General, and Arlene Aquintey Sevidal, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

HOLLENHORST, Acting P.J.

In In re Jerry M. (1997) 59 Cal.App.4th 289, 69 Cal.Rptr.2d 148, the court decided there was insufficient evidence that the defendant possessed the specific intent to arouse his own sexual desires because he was 11 years old. In this case, we hold that the fact the defendant is 11 years old is only one factor to consider in determining whether he is capable of possessing...

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