In re Brandon J.
Filed 4/11/07 In re Brandon J. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
In re BRANDON J., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. BRANDON J., Defendant and Appellant. | F050934 (Super. Ct. No. 04CEJ601376) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Adolfo M. Corona, Judge.
Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
In November 2004, following a jurisdiction hearing, the court found true allegations that appellant, Brandon J., a minor, committed assault with a firearm (Pen. Code, 245, subd. (a)(2)) and that in the commission of that offense, appellant inflicted great bodily injury (Pen. Code, 12022.7) and personally used a firearm (Pen. Code, 12022.5, subd. (a)). In February 2005, following the disposition hearing, the court ordered Brandon committed to the California Youth Authority[1]and set Brandons maximum period of physical confinement (MPPC) at 17 years.
Brandon appealed. In March 2007, this court held the juvenile court failed to exercise its discretion under Welfare and Institutions Code section 731, subdivision (b) (section 731(b)) in setting the MPPC, vacated the MPPC set by the court and remanded the matter for setting of the MPPC based on the facts and circumstances that brought Brandon before the juvenile court, in compliance with section 731(b). On remand, the juvenile court set an MPPC of 10 years. The instant appeal followed.
Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (Peoplev.Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this courts invitation to submit additional briefing.
Evidence was adduced at the jurisdiction hearing that appellant shot the victim in the shoulder with a handgun; the victim was unable to move his shoulder for approximately two weeks; and at the time of the jurisdiction hearing, more than seven weeks after the shooting, the victim was still experiencing pain in his arm.
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
The judgment is affirmed.
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*Before Cornell, Acting P.J., Gomes, J., and Dawson, J.
[1] The California Youth Authority is now known as the Department of Corrections and Rehabilitation, Juvenile Justice. (Gov. Code, 12838.)
