Opinion
F051738
5-17-2007
In re SEAN L., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. SEAN L., Defendant and Appellant.
Allan E. Junker, 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, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
OPINION
THE COURT
Before Cornell, Acting P.J., Gomes, J. and Kane, J.
It was alleged in a juvenile wardship petition (Welf. & Inst. Code, § 602) filed September 13, 2006, that appellant Sean L. committed two felonies: assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1), count I) and making a criminal threat (Pen. Code, § 422, count II). On October 16, following a jurisdiction hearing, the juvenile court sustained the count II allegation and found that appellant committed misdemeanor assault (Pen. Code, §§ 240, 241, subd. (a)), a lesser included offense of the felony assault alleged in count I. On October 30, following a disposition hearing, the court adjudged appellant a ward of the court and made various orders, including that appellant (1) be committed to juvenile hall for 50 days, with 50 days credit for time served; (2) be placed in suitable out-of-home placement; and (3) remain in juvenile hall pending placement.
All further references to dates are to dates in 2006.
Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this courts invitation to submit additional briefing.
Appellants mother, Debra B., testified to the following: On September 11, she was at home with appellant and her husband when appellant stated he wanted to trade his Xbox video game system for a certain skateboard he had brought home. Debra refused to allow him to do so. At that point, appellant told Debra he hated her, called her a "fucking bitch" and went "raging" through the house. He went into his bedroom and began hitting the walls and screaming. Debra followed appellant into his room, where she again told him he could not trade his Xbox for a skateboard, at which point appellant picked up a broom and "started to come at [her]," holding the broom in front of him. Debra "pushed [appellant] back," at which point appellant "got completely out of control," broke the broom over his knee and again "came at [Debra]." Debra extended her right arm to prevent appellant from striking her, and in the process suffered a slight cut when the ring finger on her right hand came into contact with the broom. While he was holding the broom appellant said to Debra, "I will kill you" and "I want to kill you." At some point thereafter, appellant threw the broom down and left the room.
Appellant did not testify and presented no evidence.
At the time of the events summarized above appellant was less than four months shy of his 14th birthday.
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
The judgment is affirmed.