Opinion
NOT TO BE PUBLISHED
APPEAL from orders of the Superior Court of Los Angeles County No. YJ32700, Michael Price, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance on behalf of Plaintiff and Respondent.
TURNER, P. J.
D.G., the minor, appeals from the August 18, 2010 adjudication and disposition orders. The juvenile court found the minor committed simple battery (Penal Code § 242), a misdemeanor, and sustained the July 23, 2010 Welfare and Institutions Code section 602 petition. The minor also appeals from the October 4, 2010 disposition order which ordered him to be placed home on probation. The order also revoked a previous order for a deferred entry of judgment, entered after the minor admitted to a felony charge of second degree commercial burglary (Penal Code § 459) in a February 13, 2009 petition. We affirmed the August 18, 2010 and October 4, 2010 orders.
On July 23, 2010, the petition was filed. The petition alleged one count against the minor for battery on Robert Bartlett, a school teacher. (Pen. Code, § 243.6.) On August 18, 2010, the adjudication hearing was held. The prosecutor called two witnesses; Mr. Bartlett and Melissa T., a fellow tenth-grade student of the minor. The defense called the minor and a fellow student, T.C., as witnesses.
On May 25, 2010, Mr. Bartlett, a teacher at the high school since 1996, was asked by the school office to be a substitute for the minor’s fifth period class. Mr. Bartlett testified the students were very noisy and took a while to get seated after the bell had rung. Mr. Bartlett gave the students an assignment and told them if they settled down, they would get out on time for lunch. School policy allowed teachers to hold an unruly class a few minutes into the lunch period.
Although most of the students worked on their assignments, some youngsters were disruptive. One student made a call on her cell phone and left the room without permission to pay for her pizza. Another student, E.H., who was denied permission to go to the restroom, made comments and pounded his fists on the table. The minor joined E.H. in making noise by sitting on top of a table and slamming books on it about six or seven times.
After the bell rang, Mr. Bartlett told the class he would hold the students over one minute into the lunch period because of their misbehavior. Nevertheless, the students began getting out of their chairs and the minor approached the door where Mr. Bartlett was standing. The minor bumped Mr. Bartlett, who was next to the door. The minor then tried to get around Mr. Bartlett. Mr. Bartlett put his right elbow out instinctively. The minor pushed against Mr. Bartlett. Mr. Bartlett put out his elbow as he wanted to protect himself. Mr. Bartlett denied elbowing the minor.
The minor came at Mr. Bartlett again. Mr. Bartlett put out his left hand. The minor came up against Mr. Bartlett’s left hand and was pushed back. During the scuffle the minor said, “You can’t touch me, ” and “I’m going to hit you” and made racial slurs. The minor then hit Mr. Bartlett 15 times, on the cheek, lip, nose and eye. Mr. Bartlett put the minor in a headlock to stop the attack. Another student hit Mr. Bartlett from behind. Both Mr. Bartlett and the minor were pushed onto the floor. After the other students left and another teacher entered, Mr. Bartlett released the minor and they got up. The teachers told the minor to stay. But the minor ran out a rear door.
Melissa T., a fellow student, mostly corroborated Mr. Bartlett’s testimony. She testified that Mr. Bartlett told the students to stay after the bell because the class had been unruly. When the bell rang and the students got up, Mr. Bartlett told them to sit back down. The minor tried to open the door and go around Mr. Bartlett. Mr. Bartlett put up his elbow and blocked the minor. The minor said, “Don’t touch me.” The minor hit Mr. Bartlett once in the face. Mr. Bartlett did not hit or push the minor.
T.C., another fellow student, testified that the class was noisy when Mr. Bartlett came into the classroom. When the bell rang, Mr. Bartlett blocked the door telling the students they could not leave. The minor tried twice to open the door. Mr. Bartlett elbowed the minor in the chest both times. Both times, the minor said not to touch him. The minor tried to open the door once again; Mr. Bartlett elbowed the minor in the chin. The minor hit Mr. Bartlett.
The minor testified that when the bell rang and the students got up from their desks, Mr. Bartlett was standing in front of the door. When the minor tried to open the door, he was elbowed in the chest. After being elbowed by Mr. Bartlett, the minor said, ‘“You can’t touch me, ”’ and ‘“Don’t touch me.’” The minor then opened the door and was elbowed a second time by Mr. Bartlett. The minor then repeated his demands not to be touched and was elbowed a third time. The minor then hit Mr. Bartlett. Mr. Bartlett then put the minor in a headlock. After being released, the minor got up and fled.
After hearing the testimony and arguments, the juvenile court found the minor committed the lesser included offense of battery under Penal Code section 242, a misdemeanor, and the petition was sustained to that extent. The juvenile court declared the minor to be a person described by Welfare and Institutions Code section 602. Subsequently, on October 4, 2010, the juvenile court ordered the minor placed home on probation and revoked the April 15, 2009 order for a deferred entry of judgment. This latter petition involved a felony charge of second degree commercial burglary (Penal Code § 459) alleged in a February 13, 2009 petition.
After the minor filed a timely notice of appeal, we appointed counsel. After examination of the record, appointed appellate counsel filed a brief in which no issues were raised. Instead, appointed appellate counsel has asked us to independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442. (See Smith v. Robbins (2000) 528 U.S. 259, 264.) On March 22, 2011, we advised the minor he had 30 days within which to submit by brief or letter any contentions or argument he wished this court to consider. No response has been received.
We have examined the entire record in accordance with People v. Wende, supra, 25 Cal.3d at pages 441-442. Neither appointed counsel nor the minor has identified any issue for our review. We agree with appointed counsel that no arguable issue exists on appeal. Accordingly, we affirm the juvenile court’s August 18 and October 4, 2010 orders.
We concur: ARMSTRONG, J.MOSK, J.