Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Contra Costa County Super. Ct. No. J0602227
Siggins, J.
A.G., a minor, appeals from jurisdictional and dispositional orders of the juvenile court. His counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We find there are none and affirm.
BACKGROUND
I. The Previous Offense
In December 2006, A.G. admitted misdemeanor possession of cocaine base. He was adjudged a ward of the court and placed on probation with standard terms and conditions, and with 30 days’ home supervision.
II. The Current Offense
The petition alleging possession of cocaine base was reopened in September 2007 to allege A.G. committed sexual battery with use of a restraint.
A. Prosecution Case
The victim and the arresting officer testified for the prosecution. Around 8:30 on the evening of March 4, 2007, A.G. and four male teenage friends entered fairgrounds on Oakport Avenue in Oakland. The group presented their tickets to the victim, who tore them and returned the stubs to A.G. The area was well lighted. After she gave him the ticket stubs, A.G. touched the victim’s stomach through her shirt, then moved his hand up to her breast. The victim said, “why don’t you do that in five minutes when my boyfriend gets back.”
After the group left the ticket booth area, the victim reported the incident to security personnel. Later that night she identified A.G. to the head of security as the group was leaving the fairgrounds. The victim told police that A.G. was wearing a black and red top and dark grey jeans.
B. Defense Case
A.G., his adult brother, and one of A.G.’s friends testified for the defense and the court admitted a written statement from A.G.’s sister-in-law. The defense witnesses testified that A.G. entered the fairgrounds with his brother, his sister-in-law, their young child and some friends. A.G.’s brother did not see him speak to or touch the victim. A.G. testified that he gave his ticket to a man, not a woman, and denied having touched anyone. He wore all black clothing that day.
Inside the fairgrounds, A.G. met two more teenage friends. They stayed with A.G.’s brother and sister-in-law because A.G. was taking care of their little boy. When the group started to leave the fair after two or three hours, A.G. saw the victim point him out to security. He recognized her because she stood next to the person taking tickets when they entered the fair. A.G. told the police he had not touched her.
At the conclusion of the hearing, the court amended the petition to charge misdemeanor sexual battery (Pen. Code, § 243.4, subd. (e)) instead of the original charge of sexual battery with use of restraint (§ 243.4, subd. (a)), and sustained the petition as amended. The court calculated A.G.’s aggregate maximum length of confinement at one year and two months.
The case was transferred to Contra Costa County Superior Court for disposition due to A.G.’s residence in that county. The court placed A.G. on probation in his parents’ custody subject to standard terms and conditions of probation; imposed a $25 restitution fine and victim restitution in an amount to be determined by the probation officer; and ordered him to participate in individual counseling and teen sex crime education. A.G. was ordered to have no contact with the victim, to write her a 300-word apology letter, to write a 300-word essay about his offense, and to complete 30 hours of community service. He timely appealed.
DISCUSSION
Defense counsel represents that he advised his client of his right to submit supplemental written argument on his own behalf and to request that counsel be relieved. The minor has not done so. This court has reviewed the entire record on appeal. There are no legal issues that require further briefing.
DISPOSITION
The judgment is affirmed.
We concur: McGuiness, P.J., Pollak, J.