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In re Brittany G.

California Court of Appeals, Fourth District, Second Division
Mar 10, 2008
No. E044012 (Cal. Ct. App. Mar. 10, 2008)

Opinion


In re BRITTANY G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. BRITTANY G., Defendant and Appellant. E044012 California Court of Appeal, Fourth District, Second Division March 10, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from the Superior Court of San Bernardino County No. J215603. Douglas N. Gericke, Judge.

Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RAMIREZ P.J.

On July 26, 2007, pursuant to Welfare & Institutions Code section 602, subdivision (a), the minor, Brittany G., was charged in the first amended original petition with one count of assault by means of force likely to produce great bodily injury (count one, Pen. Code, § 245, subd. (a)(1) and in count two with one count of misdemeanor battery. (Pen. Code, § 242.)

Following a contested jurisdictional hearing, the court made a true finding on the battery charge and a not true finding on the assault count. Defendant’s maximum term of confinement was set at six months.

The minor was declared a ward of the court and custody was placed with her mother.

Statement of Facts

On May 4, 2007, at the end of the school day, at approximately 3:15 p.m., the victim was walking on campus at her school when defendant approached from behind, grabbed her hair and started hitting her in the face. The victim fell to the ground and defendant continued to hit her. The victim suffered a nose bleed.

After being advised of her Miranda rights, defendant told an officer that she approached the victim and told her that if she had something to say she should say it to her face. The victim attempted to pull defendant’s hair and shortly thereafter defendant grabbed the victim by the hair and punched her several times.

Miranda v. Arizona (1966) 384 U.S. 436.

M.G., a friend of defendant’s, testified that she was walking with defendant at the time of defendant’s encounter with the victim. M.G. testified that the victim began the fight by pushing defendant and then hit her several times. Defendant hit the victim back and the pair both started striking each other.

Defendant also testified that the victim began the fight by pushing defendant from behind. Defendant turned around and struck the victim. The victim struck back and the pair exchanged blows. Defendant had been picked on by the victim in the past and believed she was defending herself.

Defendant appealed, and upon her request this court appointed counsel to represent her. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the defendant an opportunity to file a personal supplemental brief, which she has not done.

We have now concluded our independent review of the record and find no arguable issues.

Disposition

The judgment is affirmed.

We concur: KING J., MILLER J.


Summaries of

In re Brittany G.

California Court of Appeals, Fourth District, Second Division
Mar 10, 2008
No. E044012 (Cal. Ct. App. Mar. 10, 2008)
Case details for

In re Brittany G.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. BRITTANY G., Defendant and…

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

Date published: Mar 10, 2008

Citations

No. E044012 (Cal. Ct. App. Mar. 10, 2008)