In re Jesse W.
Filed 9/17/07 In re Jesse W. CA5
Received for posting 9/19/07
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
In re JESSE W., a Person Coming Under The Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. JESSE W. Defendant and Appellant. | F051807 (Super. Ct. No. JW111975-00) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Jon E. Stuebbe, Judge.
Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
On September 20, 2006, appellant, Jessie W., entered a convenience store and took a 20-pack of beer without paying for it. Jessie, his sister, her boyfriend, and Miguel V. then gathered in a secluded area in the desert known as the hill to drink the beer. Jessie, who was also ingesting cocaine, pulled out a knife and stabbed Miguel V. Jessies sister and her boyfriend took Jessie from the area leaving Miguel there. Miguel called a friend and was eventually taken to a hospital where it was determined that the knife punctured his heart. The following day Jessies mother and her boyfriend took Jessie to the Kern County Sheriff Department to turn him in.
On September 22, 2006, the district attorney filed a petition charging Jessie with assault with a deadly weapon (count 1/Pen. Code, 245, subd. (a)(1)), second degree burglary (count 2/Pen. Code 460, subd. (b)), and petty theft (count 3/Pen. Code, 488, subd. (a)). The petition also alleged a great bodily injury enhancement (Pen. Code,
12022.7, subd. (a)) in count 1.
On September 25, 2006, the delinquency proceedings were suspended in order for Jessie to be examined to determine his competency. He was returned to juvenile hall on October 17, 2006, after his competency had been restored.
On November 9, 2006, after the court reinstated the delinquency proceedings and Jessie admitted the assault offense in exchange for the dismissal of the remaining counts and the great bodily injury enhancement.
On November 27, 2006, the court committed Jessie to the Department of Corrections and Rehabilitation, Division of Juvenile Justice for a maximum term of confinement of four years.
On March 13, 2007, Jessies defense counsel filed a Request For Resentencing. On April 4, 2007, the court denied the request.[1]
Jessies 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. (People v. Wende (1979) 25 Cal.3d 436.) Jessie has not responded to this courts invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.
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*Before Harris, Acting P.J., Levy, J., and Kane, J.
[1] Jessies appellate counsels Wende brief requested that the record be augmented to include the reporters transcript and clerks minutes for this hearing. This request is moot because the record has since been augmented to include these items.
