In re Jeffrey S.
Filed 1/30/07 In re Jeffrey S. CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN
In re JEFFREY S., a Person Coming Under the Juvenile Court Law. | B193415 (Los Angeles County Super. Ct. No. VJ31832) |
THE PEOPLE, Plaintiff and Respondent, v. JEFFREY S., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County.
Philip K. Mautino, Judge. Affirmed.
Nicole Williams, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_____________________________
The juvenile court sustained one count of a petition alleging the minor Jeffrey S. had committed the crime of misdemeanor battery.[1] He was declared a ward of the court and ordered home on probation.[2] We appointed counsel to represent him on appeal. According to the prosecution evidence, Christopher A., then 13 years old, was walking home from school and encountered the minor, then 15 years old, who asked whether Christopher A. was going to get the minors brother. The minor pushed Christopher A., and Christopher A. pushed back. The two boys continued to push each other until the minor punched Christopher A. in the mouth, knocking out Christopher A.s braces and causing his mouth to bleed.
The minors defense was self-defense. The minor had approached to talk about Christopher A.s prior attempts to intimidate the minors younger brother, but the two boys started pushing each other instead. The minor punched Christopher A. in the mouth after Christopher A. swung at him when the minor had turned away. The minor admitted he had been in trouble at school for fighting, but he denied having a problem with fighting because those fights were with his friends.
The court found the minor had committed battery against Christopher A. and declared him a ward of the juvenile court. It ordered the minor home on probation subject to certain terms and conditions, including his performing 50 hours of community service, making restitution to Christopher A. for out-of-pocket expenses (costs not covered by insurance), and participating in counseling. The minor was also ordered to pay $50 to the restitution fund.
We appointed counsel to represent the minor on appeal.
After examination of the record counsel filed an Opening Brief in which no issues were raised. On December 6, 2006, we advised the minor he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied the minors attorney has fully complied with the responsibilities of counsel and no arguable issues exist.[3]
The order is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
JOHNSON, J.
We concur:
PERLUSS, P. J.
WOODS, J.
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[1] Penal Code sections 242, 243.
[2] Welfare & Institutions Code section 602.
[3]Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (Nov. 27, 2006, S133114) ___ Cal.4th ___; People v. Wende (1979) 25 Cal.3d 436, 441.
