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IN RE ERNESTO H.

No. H026961.

24 Cal.Rptr.3d 561 (2004)

125 Cal.App.4th 298

In re ERNESTO H., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Ernesto H., Defendant and Appellant.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing January 3, 2005.

Review Denied March 2, 2005.

Attorney(s) appearing for the Case

Michael Kresser, Sixth District Appellate Program, Under appointment by the Court of Appeal for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Michael E. Banister, Deputy Attorney General, Attorneys for Plaintiff and Respondent.

WALSH, J.**

A public school physical education teacher saw a student acting as a lookout for two classmates attempting to fight. As the teacher approached, the student warned the classmates. The teacher directed the student not to act as a lookout and to move to another area. Stepping toward the teacher with clenched hands at his side, the student replied, "Yell at me again and see what...

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