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In re B.M.

In re B.M.
05:26:2013





In re B












In re B.M.



















Filed 5/15/13 In re B.M. CA4/2













NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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>



FOURTH APPELLATE DISTRICT



DIVISION TWO






>










In re B.M., a Person Coming Under the Juvenile Court Law.







THE PEOPLE,



Plaintiff
and Respondent,



v.



B.M.,



Defendant
and Appellant.








E057400



(Super.Ct.No.
INJ1200008)



OPINION






APPEAL
from the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Riverside
County. Lawrence
P. Best, Temporary Judge. (Pursuant to Cal.
Const., art. VI, § 21.) Affirmed.

Kristin
A. Erickson, under appointment by the Court of Appeal, for Defendant and
Appellant.

No
appearance for Plaintiff and Respondent.

A
juvenile court found true that defendant and appellant B.M. (minor) committed
misdemeanor battery on school property. (Pen. Code, § 243.2, subd. (a)(1).)href="#_ftn1" name="_ftnref1" title="">[1] Immediately thereafter, and after waiving his
right to a probation report, minor was placed on probation in the custody of
his father for a period of six months pursuant to Welfare and Institutions Code
section 725, subdivision (a), on various terms and conditions. Minor appeals from the judgment. We find no error and affirm the
judgment.

I

FACTUAL
BACKGROUND

On
October 5, 2011, the victim
was walking to his class at Coachella
Valley High School
when minor and another juvenile approached him.
Minor asked the victim if he wanted to fight; earlier that morning, the
victim and minor had “bumped into each other.”
The victim replied, “no,” and walked away. Minor then grabbed the victim’s collar from behind,
turned him around, and punched the victim in the face. Minor also pulled the victim by the collar
and kneed him in the face. The victim
suffered a red mark on his check as a result.

II

DISCUSSION

Minor appealed
and, upon his request, this court appointed href="http://www.mcmillanlaw.com/">counsel to represent him. Counsel has filed a brief under the authority
of People
v. Wende
(1979) 25 Cal.3d 436 and Anders
v. California
(1967) 386 U.S. 738, setting forth a statement of the case, a
summary of the facts, and potential arguable issues and requesting this court
to conduct an independent review of the record.


We offered minor
an opportunity to file a personal
supplemental brief
, but he has not done so.
Pursuant to the mandate of People
v. Kelly
(2006) 40 Cal.4th 106, we have independently reviewed the record
for potential error and find no arguable issues.

III

DISPOSITION

The
judgment is affirmed.

NOT
TO BE PUBLISHED IN OFFICIAL REPORTS



HOLLENHORST

Acting P. J.





We concur:





KING

J.





CODRINGTON

J.





id=ftn1>

href="#_ftnref1"
name="_ftn1" title=""> [1] The court found the second allegation, petty
theft in violation of Penal Code section 484, subdivision (a), not true.








Description A juvenile court found true that defendant and appellant B.M. (minor) committed misdemeanor battery on school property. (Pen. Code, § 243.2, subd. (a)(1).)[1] Immediately thereafter, and after waiving his right to a probation report, minor was placed on probation in the custody of his father for a period of six months pursuant to Welfare and Institutions Code section 725, subdivision (a), on various terms and conditions. Minor appeals from the judgment. We find no error and affirm the judgment.
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