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In re Alexis D.

In re Alexis D.
02:02:2014





1Filed 5/29/13<br />In re Alexis D




1Filed 5/29/13  In re Alexis D. CA2/2

NOT TO BE PUBLISHED IN THE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opinion has not been certified for publication or ordered published for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 TWO

 

 
>










In re ALEXIS D., a
Person Coming Under the Juvenile Court Law.


      B245105

 

     (Los Angeles
County


 

THE PEOPLE,

 

            Plaintiff and Respondent,

 

            v.

 

ALEXIS D.,

 

            Defendant and Appellant.

 


     Super. Ct.
No. GJ30018)


 

THE COURT:href="#_ftn1" name="_ftnref1" title="">*

Minor and appellant
Alexis D. (minor) appeals from a juvenile court judgment entered November 7, 2012.  Minor’s appointed counsel filed a brief
pursuant to href="http://www.mcmillanlaw.com/">People v. Wende (1979) 25 Cal.3d 436
(Wende), raising no issues.  On February
27, 2013, we notified minor and gave her leave to file, within 30
days, her own brief or letter stating any grounds or arguments she might wish
to have considered.  That time has
elapsed, and minor has submitted no brief or letter.  We have reviewed the entire record, and
finding no arguable issues, affirm the judgment.

The juvenile court
declared minor to be a ward of the court after sustaining a petition filed
pursuant to Welfare and Institutions Code section 602.  The petition alleged that minor had committed
a misdemeanor battery in violation of Penal Code section 242.  At the hearing on the petition, minor’s
father (father) testified that on October 17, 2012, minor argued with her
mother (mother), used foul language, and refused several demands by father to
stop and to go to her room.  When minor
continued in an aggressive manner and moved closer to mother, father stepped
between them.  Minor reacted by shoving
him hard, attempting to knee him in the groin, and punching his arm.  Father then physically restrained minor by
grabbing her arms.href="#_ftn2" name="_ftnref2"
title="">[1]

After sustaining the
petition, the juvenile court ordered suitable placement and probation upon
specified conditions.  The court set the
maximum term of confinement as six months and awarded 21 days of predisposition
credit.  Minor filed a timely notice of
appeal from the judgment.

We have examined the
entire record and are satisfied that minor’s appellate counsel has fully
complied with his responsibilities and that no href="http://www.fearnotlaw.com/">arguable issue exists.  We conclude that minor has, by virtue of
counsel’s compliance with the Wende
procedure and our review of the record, received adequate and effective
appellate review of the judgment entered against her in this case.  (Smith
v. Robbins
(2000) 528 U.S. 259, 278; People
v. Kelly
(2006) 40 Cal.4th 106, 123-124.)

The judgment is affirmed.

NOT TO BE PUBLISHED IN
THE OFFICIAL REPORTS
.

 





id=ftn1>

href="#_ftnref1" name="_ftn1" title="">*               BOREN, P.J., ASHMANN-GERST, J., CHAVEZ, J.

id=ftn2>

href="#_ftnref2" name="_ftn2" title="">[1]           Minor testified that she shoved her
father because she thought he was going to hit her, explaining that he had
slapped her and pulled her hair once in the past.  Father acknowledged the past incident when he
reacted to minor calling him a “mother fucker,” but denied threatening minor on
this occasion.








Description Minor and appellant Alexis D. (minor) appeals from a juvenile court judgment entered November 7, 2012. Minor’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On February 27, 2013, we notified minor and gave her leave to file, within 30 days, her own brief or letter stating any grounds or arguments she might wish to have considered. That time has elapsed, and minor has submitted no brief or letter. We have reviewed the entire record, and finding no arguable issues, affirm the judgment.
The juvenile court declared minor to be a ward of the court after sustaining a petition filed pursuant to Welfare and Institutions Code section 602. The petition alleged that minor had committed a misdemeanor battery in violation of Penal Code section 242. At the hearing on the petition, minor’s father (father) testified that on October 17, 2012, minor argued with her mother (mother), used foul language, and refused several demands by father to stop and to go to her room. When minor continued in an aggressive manner and moved closer to mother, father stepped between them. Minor reacted by shoving him hard, attempting to knee him in the groin, and punching his arm. Father then physically restrained minor by grabbing her arms.[1]
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