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In re A.C.

California Court of Appeals, Fourth District, First Division
Jan 13, 2009
No. D053067 (Cal. Ct. App. Jan. 13, 2009)

Opinion


In re A.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.C., Defendant and Appellant. D053067 California Court of Appeal, Fourth District, First Division January 13, 2009

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of San Diego County, Super. Ct. No. J217407, Amalia L. Meza and Francis M. Devaney, Judges.

BENKE, Acting P. J.

The juvenile court declared 15-year-old A.C. a ward of the court (Welf. & Inst. Code, § 602) after sustaining allegations that she committed one count of attempted robbery (Pen. Code, §§ 664/211) and one count of misdemeanor battery (Pen. Code, § 242). The court placed A.C. on probation, conditioned on various things, including being on home supervision for 30 days.

FACTS

On February 23, 2008, A.C. and her friend and codefendant, I.D., were at the San Diego trolley station at 32nd Street and Commercial Avenue in San Diego. Also at the station, awaiting a trolley, were Karla J. and her three cousins. I.D. approached Karla and said if Karla had money, it would be better if she turned it over to her. I.D. also said she had a gun. A.C., who was talking on her cell phone, said that she was going to call other people who would come and hit Karla and her cousins.

A.C. and I.D. waived confidentiality; a joint adjudication hearing on both minors' petitions was held. I.D. is not a party in this appeal.

Karla and her cousins boarded a trolley, as did A.C. and I.D. While on the trolley, I.D. repeated her demand that Karla give her money and made a gesture as though she was going to take something out of her purse. I.D. also told Karla to pray for herself and her family. A.C. also repeated her statement that she was going to call others to come and hit them. A.C. also told one of Karla's cousins that she wanted her cell phone. At the 47th Street station, Karla and her cousins disembarked from the trolley; while they were doing so, I.D. kicked Karla above the waist in the back, and A.C. kicked the youngest cousin in the leg.

Karla, along with her cousins, immediately contacted a trolley employee; Karla told him they were being robbed. The trolley employee asked Karla to accompany him into the trolley car and to identify who was robbing them. Karla pointed out I.D. and A.C. The trolley employee told I.D. and A.C. to exit the trolley and they complied. I.D. did not have a gun.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth evidence in the superior court. 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 refers to as possible, but not arguable, issues: (1) whether the juvenile court erred by denying A.C.'s motion to dismiss the petition under Welfare and Institutions Code section 701.1; (2) whether there was sufficient evidence to support the true findings on the attempted robbery and battery counts; (3) whether the court committed reversible error by allowing a hearsay statement relating to one of the cousin's translation from English to Spanish to another cousin during the incident; and (4) whether trial counsel provided ineffective assistance of counsel for waiving confidentiality and proceeding with a joint hearing with I.D.

We granted A.C. permission to file a brief on her own behalf. She 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 referred to by appellant's counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented A.C. on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: NARES, J., AARON, J.


Summaries of

In re A.C.

California Court of Appeals, Fourth District, First Division
Jan 13, 2009
No. D053067 (Cal. Ct. App. Jan. 13, 2009)
Case details for

In re A.C.

Case Details

Full title:In re A.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:California Court of Appeals, Fourth District, First Division

Date published: Jan 13, 2009

Citations

No. D053067 (Cal. Ct. App. Jan. 13, 2009)