Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County. Super. Ct. No. JW113535-00. Peter A. Warmerdam, Juvenile Court Referee.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Harris, Acting P.J., Dawson, J., and Gomes, J.
It was alleged in a juvenile wardship petition (Welf. & Inst. Code, § 602) filed March 13, 2007, that appellant Andrew H., a minor, committed a lewd or lascivious act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)), a felony, and annoyed or molested a child under the age of 18 years (Pen. Code, § 647.6, subd. (a)), a misdemeanor. On April 10, 2007, appellant admitted the felony allegation and on April 24, 2007, the court adjudged appellant a ward of the court, ordered him committed to the Department of Corrections and Rehabilitation, Juvenile Justice (DCRJJ) and declared his maximum period of physical confinement (Welf. & Inst. Code, § 731, subd. (b)) to be six years.
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. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
FACTUAL AND PROCEDURAL BACKGROUND
The factual statement is taken from the report of the probation officer which, the report indicates, was based “primarily” on police reports.
Facts
The four-year-old victim is the nephew of appellant, age 15. Police officers, responding to a report of a sexual assault, made contact with the victim’s mother, who told the officers that the victim told her the following. The two boys were watching television when appellant asked the victim “if he wanted to ‘have some fun.’ ” When the victim agreed, appellant “placed his ‘wee wee’ in [the victim’s] buttocks.”
A medical examination of the victim revealed “no signs of trauma or abnormalities.”
Police spoke with appellant who stated the following. “[O]n the day in question,” appellant accidentally urinated on himself in the bathroom. He removed his pants and underwear and went into his bedroom. At that point, the victim entered the bedroom and stated that he had also urinated on, and needed to change, his clothes. “[Appellant] was sitting down and he reached out and grabbed the victim with his arms and hugged while pulling him up between his legs.” While appellant was hugging the victim, appellant’s penis “did touch the victim’s buttocks for approximately two seconds . . . .” Appellant gave essentially the same account to the probation officer.
Appellant is in the ninth grade. His most recent grades, for five classes, were three grades of “D,” one grade of “F” and one grade of “B.” He was expelled from his high school, for battery on a school employee.
Appellant’s mother told the probation officer the following. Appellant “was out of control at home.” He “was defiant [and] engaging in violent outbursts.” Appellant “threw furniture around the house when [his mother] attempted to discipline him.” Appellant’s mother “was scared of [appellant] and felt that he might hurt her.”
Disposition Hearing
In ordering appellant committed to the DCRJJ, the court stated: “[T]he young man when speaking with the probation officer really doesn’t admit much of anything. He admits to an accident. Certainly in court he admitted to the commission of this particular crime; that appears to be one problem in dealing with this young man. But [of] greater significance to the Court is the comments made by the mother regarding his behavior, his attitude, the fact that she is fearful of him in her home. And with that, coupled with the young man’s performance and behavior in the school setting, the Court is convinced that the recommendation [commitment to the DCRJJ] is appropriate.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.