Opinion
B231517
10-31-2011
In re T.G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. T.G., Defendant and Appellant.
Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. TJ18253)
APPEAL from a judgment of the Superior Court of Los Angeles County, Charles R. Scarlett, Judge. Affirmed.
Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Following an adjudication hearing, the juvenile court sustained an allegation made in a Welfare and Institutions Code section 602 petition that minor, T.G., committed grand theft (Pen. Code, § 487, subd. (c).) The juvenile court ordered minor placed in a camp community placement for a maximum period of confinement of three years.
FACTS
Prosecution Evidence
Minor entered a McDonald's restaurant and approached the table of Bertrel Rene and his girlfriend Tonesha Fischer. He insisted Rene fight him. Fischer stood up while holding Bertrel's Sidekick cellular telephone. Minor grabbed the phone from Fischer's hand and said the phone "now" belonged to him. Rene demanded minor return the phone but minor simply walked out of the door.
Rene and Fischer followed minor. When Fischer went through the door, it swung back and struck Rene. Minor and his companion then started punching Rene. Rene "blacked out" and fell to the ground. Minor struck Rene while he was on the ground. Rene was still being hit when he regained consciousness. Minor took two chains, earrings and a wallet containing $300 from Rene.
Minor was arrested in possession of Rene's phone. Minor provided a written statement to the police in which he admitted taking the phone from Fischer. Defense Evidence
Minor testified on his own behalf. Fischer was his girlfriend. He allowed her to borrow his cellular telephone. Minor discovered Fischer had another boyfriend who wanted to meet at a McDonald's restaurant and fight him. Minor entered the McDonald's and took the phone Fischer was holding because he believed it belonged to him. There was a physical altercation with Rene outside McDonald's after minor took the phone. Rene was "dazed" but still fought. Minor did not take any of Rene's property.
Minor's social worker had seen minor with a Sidekick cellular phone prior to the date of the theft.
Rebuttal
Fischer denied dating minor. Minor did not provide her with his cellular phone. Fischer observed minor strike Rene in the face, causing Rene to fall to the ground.
DISCUSSION
The court appointed counsel to represent minor on appeal. On June 28, 2011, appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues but requesting this court independently review the record for arguable issues on appeal. Minor was notified by letter from this court on June 28, 2011, of his right to file a supplemental brief within 30 days. Minor has not filed a supplemental brief.
We have independently examined the record on appeal. The judgment is supported by overwhelming evidence and the disposition is within the court's discretion. There are no arguable issues. (Smith v. Robbins (2000) 528 U.S. 259, 284.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
TURNER, P. J.
KRIEGLER, J.