Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego County, Joe O. Littlejohn, Judge. (Retired Judge of the San Diego S.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.), Super. Ct. No. J214393.
HALLER, Acting P. J.
The juvenile court entered true findings that Hector A. committed assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) (count 1) and misdemeanor battery (Pen. Code, § 242) (counts 3 and 4). It adjudged him a ward and placed him on probation. Hector appeals. We affirm.
THE PROSECUTION CASE
On July 25, 2006 (count 1), as Victor T. and Pedro S. were walking home from high school, 14-year-old Hector and Alex B. ran after them. Hector and Alex asked Pedro why he had been saying things about their friend, Oliver. Victor told them to be quiet. According to Victor and Pedro, Hector and Alex grabbed Victor and he fell to the ground. Alex hit Victor about five times with his fists and kicked Victor in the stomach. While Victor lay on the ground, Hector kicked him in the face once. Victor lost consciousness briefly. A woman approached and said she would call the police if everyone did not calm down. Hector and Alex ran away. Pedro helped Victor get up. Victor felt dizzy for about 15 minutes and suffered a bruise on his face, but did not go to the doctor.
Police officer Derek Aydelotte interviewed Hector on July 28, 2006. He read Hector his Miranda rights, and Hector waived his rights and stated the following: Alex wanted to confront Pedro. Hector and Alex followed Pedro and Victor, and when Victor began removing his backpack, Hector believed Victor was going to engage Alex in a fight. Hector pushed Victor. Alex punched Victor, causing him to fall to the ground. While Victor was on the ground, Alex kicked Victor in the head and punched him, and Hector kicked him once in the stomach. Hector and Alex left when a woman pulled up in a car and yelled at the group.
Miranda v. Arizona (1966) 384 U.S. 436.
On November 24, 2006 (count 2), as Pedro was walking home from school, Hector approached, yelled at him, and tried to engage him in a fight. Pedro testified that Hector slapped him and then left.
On December 8, 2006 (count 3), Pedro was walking home from school with four friends, including Juan M. According to Pedro, Hector punched him in the face from behind and Pedro started to fall. Hector said, "It was your fault I got kicked out of school again." Juan pushed Hector and threatened him. Hector returned the threats. Pedro and Juan left.
Police officer Chris Collinson interviewed Hector on January 16, 2007. Hector admitted slapping Pedro in November 2006 and punching Pedro in December. Collinson did not advise Hector of his Miranda rights during this conversation.
THE DEFENSE CASE
Hector's 10-year-old brother, Luis A., testified he saw the July 25, 2006 fight. Alex punched and kicked the victim, the victim punched Alex, and the victim fell to the ground. Hector pushed the victim, but Luis did not see Hector do anything else.
Hector's friend, R.G., testified she saw the July 25, 2006 fight. Alex and Hector called to Pedro. Alex and Pedro began talking. Victor looked at Alex. Alex said, "Why are you looking at me?" Victor started taking off his backpack and tried to punch Alex. Alex backed off. A fight ensued. R. was not paying much attention to Hector, and all she saw him do was push Victor.
Hector testified that he was upset with Pedro and Victor because they were "talking bad" about Hector's friend Oliver. Concerning the incident on July 25, 2006, Hector indicated that he and Alex ran up to Pedro and Victor and met them face-to-face. Alex asked Pedro, "Why are you talking bad about Oliver?" Pedro denied "talking bad about Oliver." Victor looked at Alex. Alex said, "What are you looking at?" Victor started taking off his backpack, so Hector thought Victor was going to hit Alex. Alex and Victor started fighting. Alex hit Victor in the face. Victor fell to the ground. Alex kicked him in the stomach twice. Hector denied kicking Victor. The police officer told Hector that if he did not tell the truth, he would take Hector to juvenile hall. Hector was scared, so he told the officer he pushed Victor and kicked Victor in the stomach while he was on the ground.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. She presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, she lists, as possible but not arguable issues: (1) whether the juvenile court erred in setting Hector's maximum term of confinement; and (2) whether the true finding on the assault allegation (count 1) is supported by substantial evidence.
We granted Hector permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Hector has been competently represented by counsel on this appeal.
Hector's father, who is not counsel of record and not an attorney has written and submitted a supplemental brief. We provided a copy to Hector's appellate counsel. None of the issues raised in the supplemental brief─the credibility of witnesses and Miranda v. Arizona, supra, 384 U.S. 436─have been raised by counsel. This court independently examined those issues and is satisfied there is no viable appellate issue.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McDONALD, J., McINTYRE, J.