Opinion
H045737
06-19-2019
In re R.M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. R.M., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. 316JV41814)
The juvenile court sustained a juvenile wardship petition alleging that R.M. had committed assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), possession of a weapon on school grounds, (Pen. Code, § 626.10, subd. (a)), and exhibition of a deadly weapon other than a firearm, (Pen. Code, § 417, subd. (a)(1)). The court placed him on probation for a term of 54 months.
On appeal, R.M.'s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that raises no issue. We notified R.M. of his right to submit written argument on this own behalf within 30 days. The 30-day period has elapsed and we have not received written argument from R.M.
Pursuant to Wende, we have reviewed the entire record and find that there is no arguable issue on appeal. We affirm the judgment.
I. STATEMENT OF THE FACTS AND CASE
R.M. and his friend L.A. were roughhousing at school on November 28, 2017. The roughhousing became more serious when the two began to shove and punch each other. R.M. took a knife with a four-inch blade from his pocket and ran toward L.A. with it. After the fight, R.M. left campus and threw the knife on the ground. A campus monitor picked up the knife and gave it to the police.
On November 30, 2017, the Santa Clara County District Attorney filed a juvenile wardship petition pursuant to Welfare and Institutions Code section 602, alleging that R.M. had committed felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1), felony possession of a weapon on school grounds, (Pen. Code, § 626.10, subd. (a); count 2), and misdemeanor exhibition of a deadly weapon other than a firearm, (Pen. Code, § 417, subd. (a)(1); count 3). Following a contested jurisdictional hearing on December 19, 2017, the juvenile court sustained the petition as to all of the charges.
On March 7, 2018, the juvenile court ordered R.M. to serve 54 months of probation. R.M. requested that his crime of assault with a deadly weapon be reduced to a misdemeanor pursuant to Penal Code section 17, subdivision (b). The court denied the request, but indicated that it might reduce the charge if R.M. continued to participate in rehabilitation programs. R.M. filed a timely notice of appeal on April 11, 2018.
On September 10, 2018, the juvenile court reduced counts 1 and 2 to misdemeanors and ordered the record sealed pursuant to Welfare and Institutions Code section 786, subdivision (d).
II. DISCUSSION
We have conducted an independent review of the record pursuant to Wende, and find that there is no arguable issue on appeal.
III. DISPOSITION
The judgment is affirmed.
/s/_________
Greenwood, P.J. WE CONCUR: /s/_________
Bamattre-Manoukian, J. /s/_________
Danner, J.