From Casetext: Smarter Legal Research

In re D.C.

California Court of Appeals, Sixth District
Apr 2, 2008
No. H031657 (Cal. Ct. App. Apr. 2, 2008)

Opinion


In re D.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. D.C., Defendant and Appellant. H031657 California Court of Appeal, Sixth District April 2, 2008

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. JV32412

Premo, J.

A Welfare and Institutions Code section 602 petition alleged that, on or about January 12, 2007, D.C. (the minor), dissuaded or attempted to dissuade a witness by use or threat of force (Pen. Code, § 136.1, subd. (c)(1), count 1, a felony), and committed misdemeanor battery against his sister and mother (id., §§ 242, 243, subd. (a), counts 2 & 3). The juvenile court sustained the petition on all three counts. The minor was subjected to various probation terms, returned to the custody of his parents and ordered to pay a general fund fine of $132 and a restitution fine of $110. The minor filed a timely notice of appeal.

We appointed counsel to represent the minor in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified the minor of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from the minor.

I. Factual Background

The statement of facts is taken from the contested jurisdictional hearing. On January 12, 2007, City of Palo Alto police officers responded to a report of a family disturbance. When they arrived at the scene, they were met by the minor’s mother, the minor and the minor’s sister. An officer took the minor aside and, after reading him his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436), talked to him about what had occurred. The minor told the officer that he had gotten into an argument with his sister, because she had decided she did not want to go on a family trip to Lake Tahoe. While arguing, the minor’s mother told the sister to call 911, so he became angry at his mother and struck her on her thighs several times. His sister ran and locked herself inside the bathroom with a cell phone. The minor kicked the bathroom door several times, knocking a hole in it. He then somehow picked the lock on the bathroom door, went inside, hit his sister “a couple of times” and took the phone away from her. The minor knew that his sister was on the phone with the police, and after taking the phone, disconnected the call.

Several photographs taken by police at the scene were admitted into evidence. One photo was of the bathroom, and showed a mat or towel on the floor with drops of blood on it. Two other photos showed the sister’s lips and hand, with blood evident in both photos.

A transcript of the 911 call was admitted pursuant to a stipulation. During the call, the sister told the dispatcher, “My brother is hitting my mother and me, my mother can’t control him.” The sister said that she was in the bathroom, and that her mother was in the living room. There was the sound of yelling and then the call was disconnected.

Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the whole record and have concluded there is no arguable issue on appeal.

II. Disposition

The dispositional order is affirmed.

WE CONCUR: Rushing, P.J., Elia, J.


Summaries of

In re D.C.

California Court of Appeals, Sixth District
Apr 2, 2008
No. H031657 (Cal. Ct. App. Apr. 2, 2008)
Case details for

In re D.C.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. D.C., Defendant and Appellant.

Court:California Court of Appeals, Sixth District

Date published: Apr 2, 2008

Citations

No. H031657 (Cal. Ct. App. Apr. 2, 2008)