S.
Filed 2/15/13 In re Ismael S. CA5
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
>
In re ISMAEL S., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. ISMAEL S., Defendant and Appellant. | F065437 (Super. Ct. No. 07CEJ601116-2) OPINION |
APPEAL from
a judgment of the Superior Court of
County. Kimberly Gaab, Judge.
Allan E.
Junker, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of
the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
The court found that appellant was
a person described in Welfare and Institutions Code section 602 after appellant
admitted allegations charging him with attempted
second degree robbery (count 1/Pen. Code, §§ 211 & 664) and
assault with a firearm (count 2/Pen. Code, § 245, subd. (a)(2)). Following independent review of the record
pursuant to People v. Wende (1979) 25
Cal.3d 436 (Wende), we affirm.
FACTUAL AND
PROCEDURAL HISTORY
On April 21,
2012, at approximately 10:41 p.m., Lorenzo Perez was walking along a
street in Fresno when he was approached by appellant and two other males. Appellant asked Perez if he had any money. Perez replied that he did not. The three males began hitting and kicking
Perez causing him to fall to the ground.
As appellant and his cohorts continued punching and kicking Perez,
appellant went through Perez’s pockets.
After two to three minutes, appellant and the other males ran away.
Veronica Ochoa was in her front
yard when she saw appellant and the other males assaulting Perez. Ochoa also saw them run to an empty lot
across the street and hide in some bushes with several other people. Appellant pointed a shotgun at Ochoa and her
friends. Three of the friends crossed
the street, then wrestled appellant to the ground and disarmed him as the other
suspects ran away. Appellant threatened
to kill one of Ochoa’s friends. Later
that night, Perez identified appellant at an infield lineup as the male who
asked him for money and was the first to hit him.
On April 24, 2012, the
district attorney filed a petition charging appellant with attempted second
degree robbery (count 1) and three counts of
& 4).
On June 4, 2012, appellant
entered a plea to the count of attempted robbery and one count of assault with
a firearm in exchange for dismissal of the remaining counts.
On July 2, 2012, the court set
appellant’s maximum term of physical confinement at four years eight months and
committed him to the California Department of Corrections and Rehabilitation,
Division of Juvenile Justice.
Appellant’s appellate counsel has
filed a brief which summarizes the facts, with citations to the record, raises
no issues, and asks this court to independently review the record. (Wende,
invitation to submit additional briefing.
Following
an independent review of the record,
we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
Gomes, Acting P.J., Detjen, J. and Franson, J.
