Filed 3/21/18 In re Julio C. CA5


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT

In re JULIO C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

JULIO C.,

Defendant and Appellant.

F076107

(Super. Ct. No. 16CEJ600169-1A)


OPINION

THE COURT*
APPEAL from an order of the Superior Court of Fresno County. Denise Lee Whitehead, Judge.
Robert McLaughlin, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-

Appellant Julio C. admitted wardship petition allegations (Welf. & Inst. Code, § 602) charging him with battery with serious bodily injury (Pen. Code, § 243, subd. (d)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On July 1, 2017, at approximately 1:32 a.m., Matthew W. was taking his girlfriend, Joslyn, home when he called Angel A. and told him he was with Joslyn. Appellant was with Angel and overheard the conversation through the speaker on Angel’s phone. Appellant had a girlfriend named Joslyn and sent Matthew a message asking if Matthew was with appellant’s girlfriend. Although Matthew tried to explain he was not, appellant became upset and challenged Matthew to fight. After dropping off his girlfriend, Matthew drove to appellant’s location. Matthew rushed appellant and they both fell to the ground. Appellant then held Matthew down while he punched him several times in the face and kicked him on the neck before Matthew passed out. After the fight, Matthew complained of pain in his neck and felt like he was going to faint. He was taken to a hospital where he was diagnosed with two broken vertebrae in his neck that required surgery.
On July 5, 2017, when interviewed by sheriff’s deputies, appellant claimed that in an exchange of text messages Matthew was rude to him and threatened to beat him up. After 10 minutes, Matthew showed up at appellant’s location and they exchanged words, but appellant did not want to fight because he did not want to be hit. However, after Matthew lunged at him, a physical altercation ensued during which appellant punched Matthew three to four times in the face and Matthew punched him two times before appellant left. Upon further questioning, appellant stated that after he stood up while Matthew remained on the ground, he kicked Matthew twice on the neck and the altercation ended.
On July 7, 2017, the Fresno County District Attorney filed a wardship petition charging appellant with assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)) and a great bodily injury enhancement (§ 12022.7, subd. (a)).
On July 12, 2017, after the prosecutor amended the assault charge to battery with serious bodily injury, appellant admitted that charge and the court dismissed an unrelated petition and the great bodily injury enhancement.
On August 1, 2017, the court adjudged appellant a ward of the court and placed him on probation until February 26, 2019. The court also set appellant’s maximum term of confinement at four years and committed him to the New Horizons program for 362 days.
Appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The order is affirmed.