Opinion
NOT TO BE PUBLISHED
Received for posting 9/19/07.
Before Harris, Acting P.J., Levy, J., and Kane, J.
APPEAL from a judgment of the Superior Court of Kern County No. JW111975-00, Jon E. Stuebbe, Judge.
Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
On September 20, 2006, appellant, Jessie W., entered a convenience store and took a 20-pack of beer without paying for it. Jessie, his sister, her boyfriend, and Miguel V. then gathered in a secluded area in the desert known as the “hill” to drink the beer. Jessie, who was also ingesting cocaine, pulled out a knife and stabbed Miguel V. Jessie’s sister and her boyfriend took Jessie from the area leaving Miguel there. Miguel called a friend and was eventually taken to a hospital where it was determined that the knife punctured his heart. The following day Jessie’s mother and her boyfriend took Jessie to the Kern County Sheriff Department to turn him in.
On September 22, 2006, the district attorney filed a petition charging Jessie with assault with a deadly weapon (count 1/Pen. Code, § 245, subd. (a)(1)), second degree burglary (count 2/Pen. Code § 460, subd. (b)), and petty theft (count 3/Pen. Code, § 488, subd. (a)). The petition also alleged a great bodily injury enhancement (Pen. Code, § 12022.7, subd. (a)) in count 1.
On September 25, 2006, the delinquency proceedings were suspended in order for Jessie to be examined to determine his competency. He was returned to juvenile hall on October 17, 2006, after his competency had been restored.
On November 9, 2006, after the court reinstated the delinquency proceedings and Jessie admitted the assault offense in exchange for the dismissal of the remaining counts and the great bodily injury enhancement.
On November 27, 2006, the court committed Jessie to the Department of Corrections and Rehabilitation, Division of Juvenile Justice for a maximum term of confinement of four years.
On March 13, 2007, Jessie’s defense counsel filed a Request For Resentencing. On April 4, 2007, the court denied the request.
Jessie’s appellate counsel’s Wende brief requested that the record be augmented to include the reporter’s transcript and clerk’s minutes for this hearing. This request is moot because the record has since been augmented to include these items.
Jessie’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.) Jessie 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.