In re D.B.
Filed 8/19/09 In re D.B. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.B., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. D.B., Defendant and Appellant. | E047337 (Super.Ct.No. J222402) OPINION |
APPEAL from the Superior Court of San Bernardino County Michael A. Knish, Temporary Judge. (Pursuant to Cal. Const., art. VI, 21.) Affirmed.
Libby A. Ryan, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
I
INTRODUCTION
On July 11, 2008, the San Bernardino County District Attorneys Office filed a petition under Welfare and Institutions Code section 602, subdivision (a), charging minor and appellant D.B. (minor) with battery under Penal Code section 242 (count 1); and vandalism under Penal Code section 594, subdivision (b)(1) (count 2). On July 14, 2008, the district attorneys office filed a first amended petition; it added three counts of resisting an officer under Penal Code section 148, subdivision (a)(1) (counts 3-5).
On August 12, 2008, minor entered into a plea agreement and admitted to the three counts of resisting an officer (counts 3-5). In exchange, the battery and vandalism charges were dismissed (counts 1 & 2). Minors case was continued to September 16, 2008, for a dispositional hearing.
Five days before the dispositional hearing, on September 11, 2008, another petition was filed against minor (second petition). The second petition charged minor with assault with a deadly weapon under Penal Code section 245, subdivision (a)(1) (count 1); and vandalism under Penal Code section 594, subdivision (b)(1) (count 2). At an adjudication hearing on November 19, 2008, the juvenile court sustained the petition, found that minor fell within the meaning of Welfare and Institutions Code section 602, and found true the charges in counts 1 and 2.
On December 4, 2008, the juvenile court held a dispositional hearing as to all matters. The court placed minor on probation on various terms and conditions.
On December 17, 2008, minor filed a timely notice of appeal as to the second petition.
II
STATEMENT OF FACTS[1]
On August 9, 2008, the victim witnessed minor breaking the victims car windows with a bat. The car was in a parking lot, and the victim was returning to the car after visiting with family at an apartment complex. The victim saw four other people with minor. Minor ran up to the victim and started to punch her. The victim swung back and then covered her face. Minor tackled the victim to the ground and continued to hit the victim. While minor held the victim down, another person struck the victim with the bat. As a result, the victim started to get a bad headache and was taken to the hospital. The car minor vandalized belonged to the victims grandmother. The grandmother testified that the damage to her car totaled $1,500.
The victim testified that the incident was over a male friend of the victims and former boyfriend of minor. The victim also testified to prior encounters between the victim and minor.
III
ANALYSIS
After minor appealed, and upon her request, this court appointed counsel to represent her. 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 undertake a review of the entire record.
We offered minor an opportunity to file a personal supplemental brief, which she has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
/s/ McKinster
Acting P.J.
We concur:
/s/ Richli
J.
/s/ King
J.
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[1]Facts relating to the first petition are not provided because minor appealed from the second petition only.
