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In re Jose R.

California Court of Appeals, Fifth District
Apr 3, 2008
No. F053678 (Cal. Ct. App. Apr. 3, 2008)

Opinion


In re JOSE R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. JOSE R., Defendant and Appellant. F053678 California Court of Appeal, Fifth District April 3, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Tulare County. Super. Ct. No. JJD061640 Valeriano Saucedo, Judge.

Alison E. Kaylor, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

THE COURT

Before Cornell, Acting P.J., Dawson, J., and Kane, J.

OPINION

On December 25, 2006, appellant, Jose R., began arguing with his sister while she was in her bedroom. During the argument, Jose got angry and punched his sister with a closed fist in the face. Jose then held her down on the bed and would not let her go.

On February 18, 2007, Jose and three other males attacked Jose G. at a park in Porterville, punching and kicking him after knocking him down. Jose and his cohorts yelled, “Norte” as they assaulted the victim.

On March 27, 2007, the district attorney filed a wardship petition (Welf. & Inst. Code, § 602, subd. (a)) charging Jose with one count each of felony assault (Pen. Code, § 245, subd. (a)(1)) and misdemeanor battery (Pen. Code, § 242).

On July 26, 2007, after the prosecution reduced the assault charge to a misdemeanor, Jose admitted both counts.

On August 23, 2007, the court set Jose’s maximum period of physical confinement at one year two months and placed him on probation.

Jose’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.) Jose 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.


Summaries of

In re Jose R.

California Court of Appeals, Fifth District
Apr 3, 2008
No. F053678 (Cal. Ct. App. Apr. 3, 2008)
Case details for

In re Jose R.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOSE R., Defendant and Appellant.

Court:California Court of Appeals, Fifth District

Date published: Apr 3, 2008

Citations

No. F053678 (Cal. Ct. App. Apr. 3, 2008)