Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from an order of the Superior Court of Los Angeles County, Catherine J. Pratt, Commissioner. Affirmed. Super. Ct. No. TJ16731
Allison K. Simpkin, under appointment for the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
WOODS, J.
A petition filed pursuant to Welfare and Institutions Code section 602 alleged then 13-year-old Larry M. committed assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and personally inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)) on Miguel Santos.
According to evidence at the jurisdiction hearing, Santos was waiting at a stop sign and saw Larry M. and about 12 other boys throwing rocks at the driver behind Santos. He got out of his truck, told the boys to stop, and was hit by a large rock thrown by Larry M. The rock was a piece of cement. Santos saw it coming towards him, and he raised his left hand to protect his face. The rock struck Santos’s left palm, leaving about a one-inch cut that bled profusely. The boys ran away, and Santos sought help from a police officer in the area.
Los Angeles Police Officer Chris Marshall accompanied Santos to search the area for Larry M. In a field-show up, Santos identified Larry M. as the boy who threw the rock at him. According to Santos, Larry M. was the only boy in the group who had long hair and wore orange shorts.
Following his arrest, Larry M. waived his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436, [86 S.Ct. 1602, 16 L.Ed.2d 694]) and admitted to Officer Marshall that he had been throwing rocks, but not the rock that hit Santos.
Six juveniles testified in Larry M.’s defense. They all testified that a group of them, including Larry M. and “Kevin,” were throwing rocks at each other while walking. Larry M. and Kevin, who sported similar hairstyles and clothing, had fallen back from the group when Santos approached and began talking to Larry M. At some point, Kevin threw a rock that hit Santos. Kevin then fled; he was not part of the field-show up.
Larry M. did not testify in his defense. His mother testified that she arrived at the scene to find her son detained in a police car. Larry M. had long hair and was wearing orange shorts at the time. She did not know Kevin; she had never before seen him.
After counsels’ argument, the juvenile court expressly found the juvenile witnesses not believable; their testimony appearing “to have been coached,” while both Santos and Officer Marshall were credible witnesses. However, the court found the nature of the harm to Santos did not constitute great bodily injury. Accordingly, the court sustained the count of assault with a deadly weapon, but found the special allegation of great bodily injury not true. The court also found Larry M. was a person described by Welfare and Institutions Code section 602 by reason of the commission of the offense, and determined the offense a felony.
At the disposition hearing immediately following, the juvenile court declared Larry M. a ward of the court, ordered him home on probation on condition he perform 40 hours of community service. The court ordered the matter transferred to Kern County, where Larry M. and his mother currently resided, for supervision of Larry M.’s probation.
Larry M. filed a timely notice of appeal and we appointed counsel to represent him on appeal. After examination of the record counsel filed an “Opening Brief” in which no issues were raised. On November 9, 2007, we advised Larry M. he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Larry M.’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: PERLUSS, P. J. ZELON, J.