In re Bobby B.
Filed 3/7/07 In re Bobby B. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 BOBBY B., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. BOBBY B., Defendant and Appellant. | F051325 (Super. Ct. No. 06CEJ602012-2) OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Jon Nick Kapetan, Judge.
Teri A. Kanefield, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
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It was alleged in a juvenile wardship petition (Welf. & Inst Code, 602) filed August 24, 2006,[1]that appellant Bobby B., a minor, committed battery with infliction of serious bodily injury (Pen. Code, 243, subd. (d)) and battery during school hours while on school property (Pen. Code, 243, subd. (a)). On September 14, following a contested jurisdiction hearing, the juvenile court found both allegations true. On September 28, following the disposition hearing, the court adjudged appellant a ward of the court; declared the former offense a felony and the latter offense a misdemeanor; and ordered appellant committed to the Elkhorn Correctional Facility for a period not to exceed 365 days.
Appellant 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.
At the jurisdiction hearing, a counselor at a Fresno high school testified that on August 22 she observed the following during school hours on the school campus. Appellant approached another minor (the victim) and punched him in the head three times. The victim attempted to ward off the blows, but he appeared to be kind of dazed, and he fell to the ground on his face. At that point, appellant punched the victim in the ribs, and then stepped back and kicked the victim in the side of the head. At that point, the counselor was able to approach appellant, grab him by the arm and move him back . . . .
A teacher at the school testified to the following. She heard the counselor yell,
Fight[,] at which point the teacher turned and saw the victim on the ground and appellant kicking him in the head. Thereafter, the counselor stepped in and moved [appellant] away . . . . The victim appeared disoriented . . . . He tried to stand up but he fell back down. At that point, two teachers helped [the victim] to the nurses office . . . .
The victim testified, I guess when he hit me I slipped and I fell, I guess I blacked out after that. I got knocked out. He also testified that the next thing he remembered after falling to the ground was waking up in the office.
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.
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* Before Levy, Acting P.J., Cornell, J., and Dawson, J.
[1] All references to dates of events are to dates in 2006.
