Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Tulare County Super. Ct. No. 60609. Hugo Loza, Commissioner.
Harry Zimmerman, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Before Vartabedian, Acting P.J., Harris, J., Gomes, J.
OPINION
On February 8, 2006, Louie Camacho called 911 to report seeing appellant, Derek B., throw an orange cat into a pool and Derek and his friends dunking the cat in the water. Two Visalia animal control officers responded to Derek’s house and questioned him. Derek denied owning an orange cat and denied his friends were at the residence. After being advised that a witness could identify him, Derek admitted putting an orange and white cat in a box and letting it float in the pool. He also acknowledged using a brush with a long handle to move the box around the pool but denied dunking the cat in the water.
On February 28, 2006, the district attorney filed a petition charging Derek with animal cruelty (Pen. Code, § 597, subd. (c)) and resisting arrest (Pen. Code, § 148, subd. (a)(1)).
On May 31, 2006, the court granted the district attorney’s motion to reduce the animal cruelty charge to a misdemeanor and placed Derek on informal probation. The court also ordered him to attend substance abuse counseling and complete 35 hours of community service.
On November 22, 2006, Derek told his probation officer he completed only eight hours of community service, had not enrolled in substance abuse counseling, and had been using marijuana. The probation officer directed Derek to complete his community service by November 27, 2006, but Derek failed to do so by that date. On November 27, 2006, Derek’s probation officer filed a report recommending that Derek’s informal probation be extended for 90 days to allow Derek time to provide proof he had completed the above requirements.
On February 27, 2007, the probation officer filed a report alleging Derek completed only 30 of his community service hours and had not attended drug counseling. The report recommended informal probation be terminated and the court proceed with formal procedures.
On February 28, 2007, the court terminated informal probation.
At Derek’s adjudication hearing on April 4, 2007, after the prosecution rested, the court granted defense counsel’s motion to dismiss the resisting arrest charge. The court sustained the animal cruelty charge.
On May 9, 2007, the court placed Derek on probation.
Derek’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Derek has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.