In re Marcos E.

Filed 4/8/08 In re Marcos E. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. Robert G. Fowler, Temporary Judge. (Pursuant to Cal. Const., art. VI, 21.) Affirmed.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

STATEMENT OF THE CASE

In a second amended original Welfare and Institutions Code section 602, subdivision (a) petition, the minor, Marcos E., was charged with one count of corporal injury to a cohabitant (Pen. Code, 273.5, subd. (a)) and one count of felonious assault. (Pen. Code, 245, subd. (a).) In addition, it was alleged appellant inflicted great bodily injury during an act of domestic violence. (Pen. Code, 12022.7, subds. (a) & (e), 1192.7, subd. (c)(8).)

A jurisdictional hearing was held with the juvenile court sustaining the petition as to felonious assault but finding the charge of cohabitant abuse to be not true. The special allegation of great bodily injury was also found to be true.

The court declared the minor a ward of the court and released him to the custody of his parents. The maximum period of confinement was set at four years.

STATEMENT OF FACTS

Cassandra P. (Cassandra or victim), a minor, occasionally stayed at a residence on Prado Court in Victorville. On July 5, 2007, Cassandra reported to police that sometime between 11:00 p.m. on July 4 and 6:00 a.m. on July 5 she awoke to find her nose bleeding and the minor entering their bedroom. Cassandra denied telling police that the minor had struck her on the nose, eye, and back of the head with a closed fist although she conceded telling police the minor had apologized.

Cassandra called her sister and reported her injuries. Her sister told her to go to the police department. At the request of the deputy sheriff, the victim went to the hospital. At the police station later that day, the victim told police she was unaware how she sustained the injuries.

Deputy Sheriff Jasmine Sanchez, of the San Bernardino Sheriffs Department, interviewed Cassandra, who told her she had been living with the minor for four months and that within one month of moving in, the minor had become physically abusive, hitting her with an open hand or fist. On the night of July 4, Cassandra and the minor were watching television in bed when they began to argue. At 1:00 a.m., she awoke to the minor hitting her in the face. As she got up, the minor was striking her in the back of the head and on the left side of her face. Deputy Sanchez observed a black and blue bruise on the victims eye and nose. Hospital records showed Cassandras nose was fractured. The minor was subsequently arrested.

DISCUSSION

Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

/s/ RAMIREZ

P.J.

We concur:

/s/ HOLLENHORST

J.

/s/ GAUT

J.

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