Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. J221290 Lawrence Kapiloff, Judge. (Retired Judge of the San Diego S.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)
McDONALD, J.
A juvenile delinquency petition filed in December 2008 accused Leonardo R. of two counts of committing a lewd act on a child under the age of 14 (Pen. Code, § 288, subd. (a)) (counts 1 and 2) and one count of misdemeanor child molestation (Pen. Code, § 647.6, subd. (a)) (count 3). After a trial in July and August 2009, the juvenile court entered a true finding on count 3 and granted Leonardo's motion to dismiss the remaining counts. The court denied Leonardo's motions to dismiss count 3 and to reconsider the true finding on count 3. The court adjudged Leonardo a ward and placed him on probation. Leonardo appeals. We affirm.
BACKGROUND
When Leonardo was 11 or 12 years old, his mother, Martha R., baby-sat M.S., who was between five and six years old, at Martha and Leonardo's home. Leonardo's father was asleep in another room. When Martha left the home, Leonardo threw M.S. to the floor. Leonardo grabbed M.S. and asked if he could kiss her. She said no. He kissed her on the mouth. He lay on top of her and held her hands above her head with one of his hands. With his other hand, he reached under her pants and touched her genital area over her underwear, then moved his hand to her chest. He grabbed her chest with both hands and again kissed her on the lips. M.S. said "leave me alone" three times and tried to move to the side. Leonardo said "be quiet" twice and put his hand on her mouth. He told M.S. if she said anything, "his dad was going to wake up and he was going to do something else to [M.S.]."
Leonardo turned 11 in June 2004.
Martha came home and saw Leonardo on top of M.S. Leonardo stood up. Martha asked "what happened here?" Leonardo said "nothing."
Around May 2008 M.S. told her aunt what Leonardo had done. The aunt told M.S.'s mother and they reported the matter to the authorities. In August M.S. underwent a forensic interview at Rady Children's Hospital.
In September 2008 a sheriff's deputy interviewed 13-year-old Leonardo. The deputy told Leonardo that M.S. claimed Leonardo had touched her breast and vagina. Leonardo said he did not remember. Eventually he said he remembered touching M.S.'s breast with the back of his hand as he handed her the television remote control. He also said he touched her vagina over her pants because he was curious.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. 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 lists, as possible but not arguable issues, (1) whether there was sufficient evidence Leonardo's actions were motivated by an unnatural or abnormal sexual interest in children and (2) whether the court abused its discretion by refusing to dismiss count 3 in the interests of justice.
We granted Leonardo 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 listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Leonardo has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: NARES, Acting P. J.HALLER, J.