In re Julian G.

 

 

 

Filed 1/15/14  In re Julian
G. CA@/2

 

 

 

 

>NOT TO BE PUBLISHED IN THE
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  This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115.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

 

SECOND APPELLATE DISTRICT

 

DIVISION TWO

 

 
>

In re JULIAN G., a Person Coming Under the Juvenile Court Law.	B247457       (Los Angeles County       Super. Ct. No. NJ26783)
THE PEOPLE,               Plaintiff and Respondent,               v.   JULIAN G.,               Defendant and Appellant.

 

THE COURT:href="#_ftn1" name="_ftnref1" title="">^*

 

            Minor
Julian G. appeals from the order declaring him a ward of the court pursuant to href="http://www.mcmillanlaw.us/">Welfare and Institutions Code section 602
by reason of his having committed the crime of battery on school property in
violation of Penal Code section 243.2, subdivision (a), a misdemeanor.  The juvenile
court ordered minor to be placed under terms and conditions of probation.

            We
appointed counsel to represent minor
on appeal.  After examining the record,
counsel filed an “Opening Brief”
containing an acknowledgment that she had been unable to find any arguable
issues.  On September 10, 2013, we advised minor that he had 30 days within which to personally
submit any contentions or issues that he wished us to consider.  No response has been received to date.

            The
record shows that on March 29, 2012, Dominick H. and
minor attended high school together and were in the 10th grade.  During their last class period, Dominick
noticed minor staring at him.  After
class, Dominick entered a stairwell and saw that minor and minor’s friend
Jeffrey were behind him.  On the landing,
minor pulled Dominick’s backpack, and Dominick was thrown to the ground.  Minor began kicking and hitting Dominick in
the head.  Dominick did not fight back,
but only put his hands in front of his face. 
When Dominick’s friend, Saion F., came upon them, minor and his friend
ran off.  Dominick and Saion then
proceeded down the stairs and left the school. 
Dominick reported the incident to a teacher, and when Dominick’s mother
saw a scratch on his face, she also reported the incident.  Dominick did nothing to provoke minor to hit
him.

            Minor
testified that Dominick punched him in the back of the head with a balled-up
fist while minor was in the stairwell. 
Minor was with his friend Jeffrey, and they had both entered the
stairwell on the third floor.  Dominick
was alone.  Minor turned around and hit
Dominick back, approximately five times.  Prior to being hit, minor did not say or do
anything to Dominick.  Minor grabbed
Dominick’s backpack only when Dominick tried to run away.

            After
examining the entire record, we are satisfied that minor’s attorney has fully
complied with her responsibilities and that no arguable issues exist.  (People
v. Wende (1979) 25 Cal.3d 436, 441.)

            The
order under review is affirmed.

NOT TO BE
PUBLISHED IN THE OFFICIAL REPORTS.