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In re K.T.

California Court of Appeals, Second District, Fourth Division
Apr 29, 2010
No. B218336 (Cal. Ct. App. Apr. 29, 2010)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court No. JJ16669 of Los Angeles County Charles Scarlett, Judge.

Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


MANELLA, J.

K.T. appeals from an order of wardship (Welf. & Inst. Code, § 602) following a finding that she committed the crimes of attempted carjacking (Count 1, Pen. Code, §§ 215, subd. (a), 664) and possession of a firearm by a minor (Count 2, Pen. Code, § 12101, subd. (a)(1)). The juvenile court found true the allegation as to Count 1 that appellant personally used a firearm within the meaning of Penal Code sections 12022.53, subdivision (b), and 1203.06, subdivision (a)(1). The court set the maximum confinement time at 14 years 6 months and ordered appellant to serve six months in a camp community placement program. We affirm.

The evidence at the adjudication hearing established that on October 28, 2008, Yolanda Brown was sitting in the driver’s seat of her car at 112th Street and Evers Avenue in Los Angeles. Brown’s friend, Lu-Lu, had just gotten out of the car, and the car was still running. Brown saw three or four boys in white t-shirts and jeans pass her car. After the boys passed her car, appellant came up to Brown’s side of the car, pointed a gun at Brown’s head, and told Brown to get out of the car or appellant would shoot her. At first Brown thought it was a joke. However, she realized it was serious when the boys who had passed her car returned with some other boys. One of them said, “That’s an O.G. [original gangster], ” and the boys and appellant ran away.

Brown got out of her car to tell Lu-Lu what happened. After Brown got out of her car, appellant taunted Brown from across the street. Appellant was wearing a green polo shirt, which she removed, leaving on a white shirt. Brown and Lu-Lu got back in Brown’s car, drove away, and found police officers in a nearby parking lot.

Deputy Sheriff Charles Kovach testified at the adjudication hearing that while he and his partner were on patrol, Brown flagged them down and said that someone had pointed a gun at her. Brown told the officers that several boys approached her car, tried to open the passenger side door, and told her to get out of the car. Appellant then threatened to shoot Brown if she did not get out of the car. Brown said that she heard someone yell at the kids to get away from Brown and that they then dispersed.

Kovach searched the neighborhood and found appellant. Appellant was wearing a white shirt, but Kovach saw her discard a dark shirt into some bushes. When Kovach retrieved the shirt, he found a gun wrapped in it. After appellant was given her Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436), she agreed to speak with the officers.

Appellant told the officers that she saw three males standing around Brown’s car. Appellant saw Brown reach into her purse and thought that Brown was reaching for a gun, so appellant pointed her own gun at Brown. Appellant denied pointing her gun at Brown’s head and denied trying to steal Brown’s car.

After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.

On February 18, 2010, we advised appellant that she had 30 days within which to personally submit any contentions or issues that she wished us to consider. No response has been received to date.

We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against her in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)

DISPOSITION

The judgment is affirmed.

We concur: EPSTEIN, P.J., WILLHITE, J.


Summaries of

In re K.T.

California Court of Appeals, Second District, Fourth Division
Apr 29, 2010
No. B218336 (Cal. Ct. App. Apr. 29, 2010)
Case details for

In re K.T.

Case Details

Full title:In re K.T., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:California Court of Appeals, Second District, Fourth Division

Date published: Apr 29, 2010

Citations

No. B218336 (Cal. Ct. App. Apr. 29, 2010)