Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. TJ18104
THE COURT:Brian M. (minor) appeals from the order declaring him a ward of the court pursuant to Welfare and Institutions Code section 602 by reason of his having committed the crime of assault by means likely to produce great bodily injury in violation of Penal Code section 245, subdivision (a)(1). The juvenile court ordered minor to be suitably placed.
We appointed counsel to represent minor on appeal. After examining the record, counsel filed an “Opening Brief” containing an acknowledgement that she had been unable to find any arguable issues. On November 16, 2009, we advised minor that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.
The record shows that on the night of April 9, 2009, Georgetta, minor’s mother, was at home with minor and her daughter, Meghan. Meghan is two years younger than minor who was 16 at the time of the offense. Minor and Meghan had a dispute because Meghan would not get off the computer. Minor began walking in a circle in the living room, punching the palm of his left hand with his right fist. He was very angry, and he was saying, “I’m really mad.” Georgetta asked Meghan to please get off the computer and to give minor what he wanted because he was going into a rage. Minor punched a hole in a door. Meghan came out of the home office and minor approached her from behind with his arms bent and his fists at a 90-degree angle. Georgetta went upstairs to get her cell phone to call for help and heard Meghan screaming for her. Georgetta looked downstairs and saw Meghan on the floor with minor standing over her and kicking her in the side. Minor was saying repeatedly, “Nigga, I’m a fuck you up.” Georgetta called 9-1-1. Minor left the house while chanting, “Yeah, Yeah. Babies, 20th Street, Long Beach.”
Meghan testified that minor became angry when she could not obtain the telephone number he wanted, and he pushed her. She fell to the floor, got up, and pushed him back. Minor’s glasses fell off. Georgetta picked up the phone and minor knocked the phone out of her hand. When Georgetta went to get her cell phone, minor pushed Meghan across the floor to the down staircase. He attempted to push her down the stairs, but she grabbed the railing. Minor then pushed her down the six stairs to a landing. Meghan hit her head on the hardwood floor, and “everything was dizzy.” As she lay on her side, minor kicked her four times with his bare feet. Meghan had no bruises afterwards.
After examining the entire record, we are satisfied that minor’s attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The order under review is affirmed.