In re K.P.
Filed 2/2/10 In re K.P. CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Sacramento)
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In re K.P., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. K.P., Defendant and Appellant. | C061668 (Super. Ct. No. JV125432) |
The facts of the instant case reflect an appalling breakdown in social order and public safety. We are deeply disturbed at the crimes committed by the minor and his accomplice, and the inability of any responsible person to protect the innocent victim, a boy senselessly beaten and humiliated on school grounds.
On December 7, 2007, the minor, K.P., already a ward of the juvenile court, and his accomplice were at high school when they asked another boy, M.B., if they could use his phone. After M.B. gave the phone to the accomplice, the minor punched him in the face, knocking him unconscious and causing him to fall to the ground. Prone and still unconscious, the minor and his accomplice hit M.B. several more times. The accomplice took the M.B.s wallet, school identification, cell phone, keys, and flash drive. The accomplice then urinated on M.B. and said that if he told anyone he would die. The minor later admitted to planning the robbery.
Contacted by the probation department, M.B.s mother stated that her son was taken to the emergency room, where it was determined that he suffered a fracture of the interior wall of the sinus and a chipped tooth. Repair of the chipped tooth may require surgery and braces. M.B. was humiliated by the incident and refused to talk about it. His mother believed he would need counseling.
The minor was detained and a juvenile wardship petition was filed in December 2007, charging the minor with robbery (Pen. Code, 211) and assault by means of force likely to produce great bodily injury. (Pen. Code, 245, subd. (a)(1).) The minor was continued as a ward of the juvenile court after admitting to a count of robbery (Pen. Code, 211; Welf. & Inst. Code, 602.) Juvenile court Judge Jane Ure ordered the minor, who had a prior sustained petition for robbery, to Rite of Passage. He was later ordered to Sacramento County Boys Ranch when Rite of Passage rejected him.
The minor subsequently admitted violating his probation, and the juvenile court committed him to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, for three years, awarded 460 days credit, and imposed various fines and fees.
We appointed counsel to represent the minor on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende); In re Kevin S. (2003) 113 Cal.App.4th 97, 119 [Wende procedure applies to appeals in juvenile delinquency cases].) The minor was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from the minor. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to the minor.
DISPOSITION
The judgment (order committing the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities) is affirmed.
NICHOLSON , J.
We concur:
SCOTLAND , P. J.
ROBIE , J.
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