In re Antonio G.

Filed 12/19/08 In re Antonio G. CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

Minor Antonio G. appeals from an order of the juvenile court committing him to the Division of Juvenile Justice. We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues. We notified the minor of his right to submit written argument in his own behalf within 30 days. The period has elapsed and we have received no written argument from the minor. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and we have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.) Therefore, we will affirm.

COMBINED PROCEDURAL AND FACTUAL SUMMARY

On May 4, 2007, a wardship petition was filed in juvenile court in Monterey County alleging that minor Antonio G. committed a felony assault by means of force likely to produce great bodily injury. (Pen. Code 245, subd. (a)(1)).[1] The petition was sustained after a contested hearing and the court declared the offense to be a felony.[2]

According the probation report filed June 9, 2007, on May 2, 2007, just before noon, Sand City police responded to a report of a fight at a transit bus kiosk. The victim said he had been assaulted by a group of Hispanics while he was waiting for the bus. He had an open wound on the back of his head and abrasions on his hands and arms and was transported to the hospital. A witness to the fight reported that four Hispanic juveniles and one Hispanic adult surrounded the victim and began to taunt him. The witness identified the minor as a fifth juvenile who came charging in and punched the victim in the head and face. The assault was captured on a video that showed the minor and three others repeatedly hitting and kicking the victim, who was pinned against a brick wall, while a fifth person video taped the attack.

On July 30, 2007, at the dispositional hearing, the court made the minor a ward of the court and placed him in the Monterey County Youth Center.

Prior to this petition, minor had appeared before the court several times since 2004, beginning with a wardship after an adjudication for battery ( 242) and petty theft ( 484), followed by a series of probation violations and placement failures, and then a new petition in 2006 for vandalism. ( 594, subd. (b)(2).) The court terminated the minors probation and wardship in August 2006.

After the present wardship and placement, there were numerous probation violations during September and October 2007, for failures to complete the Youth Center, school suspensions and violations of school rules. The court continued the minor on probation and kept him in the Youth Center, but after new probation violations were admitted in October 2007, the minor was ordered to be committed to the Division of Juvenile Justice (DJJ). However, this order was stayed pending review of minors willingness to succeed in the Youth Center. A mental health assessment was ordered.

A report by a psychologist from the Monterey County Department of Health was filed with the court on July 25, 2007. The report detailed the minors abandonment by his drug-addicted mother as a child, his dysfunctional, unstable, family milieu with an alcoholic and neglectful father, his academic challenges, most likely caused by dyslexic or disgraphic disorders, and his medical problems, most notably asthma and kidney dysfunction. The psychologist diagnosed the minor with oppositional defiant disorder and impulse-control disorder. Despite this, the psychologist described the minor as having an affable and engaging demeanor and above-average abstract verbal skills.

On November 9, 2007, the court vacated the DJJ commitment and ordered the minor to re-enter the Youth Center.

In January 2008, new probation violations were alleged, including a battery against another resident at the Youth Center, which the minor admitted. According to the probation report filed February 14, 2008, the minor hit another resident in the face. The victim reported that prior to hitting him, the minor had been picking on him. On February 22, 2008, the court committed the minor to the DJJ for a maximum period of four years.

DISCUSSION

Pursuant to People v. Wende, supra, 25 Cal.3d 436, we have reviewed the entire record. The minors most recent offense alleged in a petition and found true by the court qualified him for a commitment to the DJJ. (Welf. & Inst. Code, 707, subd. (b)(14), 733, subd. (c).) The juvenile court did not abuse its discretion in committing the minor to the DJJ. We conclude that there is no arguable issue on appeal. (People v. Kelly, supra, 40 Cal.4th 106, 124.)

DISPOSITION

The judgment is affirmed.

__________________________________________

McAdams, J.

WE CONCUR:

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Bamattre-Manoukian, Acting P.J.

________________________________

Duffy, J.

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[1] All further statutory references are to the Penal Code.

[2] The record on appeal does not include the reporters transcript of the court trial. Therefore, the factual summary which follows is drawn from the probation report.