re J.C.
Filed 1/9/13 In re J.C. CA5
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IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE
DISTRICT
In re J.C., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and
Respondent,
v.
J.C.,
Defendant and Appellant.
F065383
(Super. Ct. No. JJD066098)
APPEAL from a judgment of the
Superior Court of
County. Juliet L. Boccone, Judge.
Michael L. Pinkerton, under
appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney
General, Sacramento, California, for Plaintiff and Respondent.
At
a jurisdiction hearing, the juvenile court found true allegations set forth in
a juvenile wardship petition that appellant, J.C., a minor, committed
of force likely to produce great bodily injury (Pen. Code, § 245, subd.
(a)(1)), and that in committing that offense he personally inflicted great
bodily injury (Pen. Code, § 12022.7, subd. (a)). At the subsequent disposition hearing, the
court adjudged appellant a ward of the court, placed him on probation with
various terms and conditions and ordered that he serve 90 to 180 days in the
Tulare County Youth Treatment Center.
Appellant’s
appointed appellate counsel has filed an opening
brief which summarizes the pertinent facts, with citations to the record,
raises no issues, and asks that this court independently
review the record. (
436.) Appellant has not responded to
this court’s invitation to submit additional briefing. We affirm.
FACTS
Petitioner’s Case
At
approximately 3:25 p.m. on March 13, 2012 (March 13), 16-year-old I.M. (I.) was
walking to track practice at Tulare Western High School (the high school) with
her boyfriend, J.M. (J.), when I. saw appellant and approximately six of his
friends, riding bicycles.
name="_ftnref2" title="">[1] I. and J. crossed the street
and walked toward the gate of the school, at which point appellant called out
insults to J. J. responded by telling
appellant to “shut up,†and appellant and his companions stopped their
bicycles.
Appellant, who
was across the street from I. and J., got off his bicycle and began walking
straight toward I. and J., moving quickly and in an aggressive manner. His friends followed. As appellant walked, he put on a pair of
white gloves. I. tried to pull J. away,
but appellant and his friends formed a circle around I. and J. I. testified to the following: As appellant and J. “stood in front of each
other,†appellant struck J. “around the rib area.†J. doubled over, at which point, appellant
“picked [J.] up†and “slammed†him to the sidewalk. J.’s shoulders struck the sidewalk
first. As he lay on the ground, his
whole body began twitching.
Tim Cota
testified that on March 13, he was parked and sitting in his truck near the
high school, watching his son’s baseball practice, when he saw the
following: “Some kids†riding bicycles
stopped near “another kid [first boy] and his girl.†One of the bicycle riders [second boy]
dismounted. “He kind of got the other
kid’s attention .… It looked like
[they were] just talking and next thing you know, [the second boy] just picked
… up [the first boy] and threw him down.â€
The first boy “landed head-first.â€
His “forehead hit the ground first.â€
While lying on the ground, he “looked like he was having a seizure. He was shaking all over.†Prior to the attack, he did not “raise his
hands†or punch his attacker.
City of Tulare
Police Officer Luis Jaramillo testified to the following: At approximately 3:30 p.m. on March 13,
responding to a dispatch report, he went to a location in Tulare where, upon
his arrival he found J. lying on his side, shaking and moaning. He was not coherent, and he was unable to
answer any questions. An ambulance
transported him from the scene.
J. testified he
remembered nothing after the point appellant approached him.
Defense Case
Appellant
testified to the following. He is in the
11th grade. One day in March 2012, he
was riding his bicycle with a group of friends on the grounds of the high
school when he saw J. and his girlfriend.
He and J. “were looking at each other,†at which point J. asked
appellant what he was “looking at[.]â€
Appellant then called J. a “pussy,†and J. “told [appellant] to shut the
F up.â€
At
that point appellant “turned around†and saw J. hand his cell phone and keys to
his girlfriend. She was trying to hold
J., but he “broke away.†Appellant
became “scared†because “a few days†earlier, J. “tried to fight [appellant]
for no reason .…†Concerned that J.
would “attack [him] from behind,†appellant “put on the gloves and started
walking towards him.â€
J.
broke away from his girlfriend, and he and appellant “met face-to-face,†at
which point J. punched appellant.
Appellant punched him back, but J. “kept coming†so appellant “slammed
him.†Appellant thought he would hurt J.
more if he “kept punching him.â€
DISCUSSION
Following
independent review of the record, we have concluded that no reasonably
DISPOSITION
The
judgment is affirmed.
name="_ftn1" title="">* Before Kane, Acting
P.J., Poochigian, J., and Detjen, J.
name="_ftn2" title="">[1] Except as otherwise indicated, our factual statement is taken
from I.’s testimony.
