Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. J212364 Ernest Borunda (Retired Judge of the San Diego S.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) and Francis M. Devaney, Judges.
HALLER, J.
The juvenile court sustained a Welfare and Institutions Code section 602 petition alleging Carlos R. committed the following offenses: assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)); battery resulting in the infliction of serious bodily injury (§ 243, subd. (d)) and misdemeanor battery (§ 242). In connection with the assault count, the court also found true allegations that Carlos personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). The court continued Carlos as a ward of the court and committed him to the Breaking Cycles program for 150 days.
Further statutory references are to the Penal Code unless otherwise specified.
FACTS
At 5:30 p.m. on May 14, 2007, Stephen Baxter was walking home from the El Cajon Transit Center, when he was approached by Carlos, then 16, and two companions. Carlos asked Baxter about the distinctive pair of earrings he was wearing. While Baxter was showing one earring to the trio, Carlos punched him in the cheek. Baxter was knocked down, but managed to run away. Baxter, who was living with his sister and brother-in-law, told them what had happened.
Two friends of Baxter heard about the incident and visited him. Later that evening, Carlos walked by the apartment. Baxter, his brother-in-law, Raymond Tschudy, and his two friends went outside to discuss the earlier incident with Carlos. When Tschudy, who knew Carlos from the neighborhood, called out to Carlos, he ran away. Baxter and his foursome followed him but stopped at a corner liquor store. Carlos returned to the liquor store with a number of people; one had a baseball bat, and another apparently had a gun in his pocket. Carlos was carrying a piece of wood from a street sign. Carlos's group started attacking Baxter and his companions. One of Baxter's friends was hit with a baseball bat, and Carlos hit Tschudy twice in the face. Tschudy suffered, among other things, a deep laceration to his lip that required six stitches.
Carlos denied assaulting Baxter near the trolley station. Carlos also testified that Baxter and his companions were the assailants in the second incident, and Tschudy hit him with a baseball bat.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether Tschudy's injuries constituted great bodily injury; (2) whether Carlos's due process rights were violated under Brady v. Maryland (1963) 373 U.S. 83, 87; and (3) whether the court complied with Welfare and Institutions Code section 702 in declaring the felony status of the offenses.
We granted Carlos permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Carlos on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: NARES, Acting P. J., McDONALD, J.