Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Tulare County No. JJD063854, Valeriano Saucedo, Judge.
Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
Before Gomes, Acting P.J., Dawson, J. and Kane, J.
On April 20, 2009, at approximately 3:05 a.m., a Tulare police officer responded to a call of several juveniles causing a disturbance and encountered the 14-year-old appellant, N.H., and two other female minors. Appellant kept walking away from the officer, refused to sit on the curb, and kept yelling and using foul language. Appellant was eventually put in the back seat of a patrol car where she proceeded to kick the back window until it broke. As two officers removed her from the car to place leg restraints on her, appellant continued kicking striking one of them in the thigh.
On April 22, 2009, the district attorney filed a petition charging appellant, N.H., with felony resisting an executive officer (count 1/Pen. Code, § 69) and misdemeanor vandalism (count 2/Pen. Code, § 594, subd. (a)).
On April 23, 2009, the court placed appellant on home supervision.
On May 13, 2009, appellant was referred to the probation department to determine her suitability for informal probation.
On June 9, 2009, the probation department filed a memorandum alleging appellant was disrespectful during an intake assessment interview, she failed to check in with the probation department between May 14, 2009, and May 27, 2009, a search of her room on June 3, 2009, uncovered a lighter, she tested positive for THC that day, and she admitted smoking marijuana a month earlier.
At a hearing on June 10, 2009, the probation department recommended that appellant be found not suitable for informal probation but the matter was continued.
On July 4, 2009, at approximately 3:05 a.m., two Tulare police officers responded to a call of a fight in progress and contacted appellant and another female juvenile. Appellant and the other juvenile were uncooperative and appellant continuously asked the officer why they were being stopped and harassed. An officer advised appellant that they were in violation of the city’s curfew. As the officer attempted to reach for appellant’s arm, she pulled away and had to be taken to the ground in order to be handcuffed. After the officer lifted her up, appellant continued to resist, became verbally abusive, and scratched two officers. The officers had to place a hood mask on appellant to prevent her from spitting on them.
On July 6, 2009, the probation department filed a memorandum alleging that appellant failed to check in with the department on certain dates and that she was disrespectful and belligerent during the incident on July 4, 2009, when she was taken into custody.
On July 7, 2009, the district attorney filed an amended petition that added a charge of resisting arrest (count 3/Pen. Code, § 148, subd. (a)(1)) on July 4, 2009.
On July 24, 2009, appellant admitted counts 1 and 2, and count 3 was set for a jurisdictional hearing.
On July 31, 2009, a jurisdictional hearing was conducted on count 3.
On August 14, 2009, the court found count 3 true.
On September 14, 2009, the court placed appellant on probation in the custody of her father.
Appellant’s counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to 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.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.