Filed 9/20/18 In re A.S. CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
| In re A.S., a Person Coming Under the Juvenile Court Law.
| 2d Juv. No. B287306 (Super. Ct. No. PJ52429) (Los Angeles County) |
|
THE PEOPLE,
Plaintiff and Respondent,
v.
A.S.,
Defendant and Appellant.
|
|
The Los Angeles County District Attorney filed a petition under Welfare and Institutions Code section 602, alleging that appellant A.S. committed the felony offense of battery with serious bodily injury (Pen. Code, § 243, subd. (d)). The petition included a determination of appellant’s eligibility for deferred entry of judgment. Appellant denied the allegations in the petition.
Following an evidentiary hearing, the juvenile court sustained the petition and, as recommended by the probation officer, placed appellant home on probation. Appellant filed a timely notice of appeal.
We appointed counsel to represent appellant. After an examination of the record, counsel filed an opening brief requesting that the court make an independent review under People v. Wende (1979) 25 Cal.3d 436 (Wende). (See In re Kevin S. (2003) 113 Cal.App.4th 97, 99 [Wende procedure applies in juvenile delinquency appeals].)
We subsequently advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. The 30 days have since passed, and appellant has not presented any contentions or issues for our consideration.
On January 20, 2017, the victim, R.G., and a friend went to a park to watch a fight. Appellant, who was 16 at the time, also was at the park with a friend. According to R.G., appellant approached him and started yelling, “Let’s fight.” R.G. said he did not want to fight, raised his hands and then put his arms down to his side. Appellant then hit R.G. in the mouth with his closed fist. The punch knocked out one of R.G’s teeth and damaged another tooth. Appellant and R.G. did not know each other.
Appellant testified that R.G. provoked him. R.G. purportedly asked appellant, “Why are you here?” R.G. also asked, “Who are you?” and “What are you doing?” When R.G. raised his hands, appellant thought R.G. was going to strike him, so appellant hit R.G.
We have reviewed the entire record and are satisfied that appellant’s counsel has fully complied with her responsibilities and that no arguable issue exists. (Wende, supra, 25 Cal.3d at p. 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The juvenile court’s dispositional order is affirmed.
NOT TO BE PUBLISHED.
PERREN, J.
We concur:
GILBERT, P. J.
TANGEMAN, J.
Fred J. Fujioka, Judge
Superior Court County of Los Angeles
______________________________
Helen Hoeffel, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
