Opinion
NOT TO BE PUBLISHED
Del Norte County Super. Ct. No. JDSQ 08-6002
Marchiano, P.J.
Defendant T.W. was made a ward of the juvenile court for battery on school property (Pen. Code, § 243.2) and battery on a police officer (Pen. Code, § 243, subd. (b)). She was placed on probation, conditioned on serving four days in juvenile hall with credit for four days served. She was also ordered to stay away from the school battery victim and to write a letter of apology to the police officer. She was fined $50.
Defendant’s counsel has filed an opening brief that raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of her right to file a supplemental brief, but has not done so. We find no arguable issues and affirm.
I.
The school battery victim has the same initials as defendant, so we will refer to that victim as “Victim One.” The jurisdictional hearing reveals the following facts.
Victim One was a student at Del Norte High School. On October 20, 2008, at approximately 3:00 p.m., she was talking to a friend in a hallway when someone bumped into her. Her friend told her that defendant had bumped her. Victim One looked around and saw defendant, whom Victim One identified in court. Victim One told her friend that she needed to leave, because Victim One thought defendant was “gonna try and jump me.”
Defendant came down the hallway and bumped Victim One again. Defendant invited Victim One to “settle this” with a fight. Victim One declined. Defendant then spat on the back of Victim One’s hair. Victim One turned and started fighting defendant. Victim One hit defendant first, because defendant had spat on her. A school official intervened and stopped the fight.
Defendant admitted the battery on a police officer. The dispositional report reveals the following facts.
Crescent City Police Officer Gill was working at the high school as a resource officer when he heard about the fight between defendant and Victim One. He detained defendant in the principal’s office and read her her Miranda rights. Defendant refused to talk to Officer Gill. She began to use profanity and kick the principal’s furniture. Then she spat on the floor. Officer Gill told defendant to stop spitting. She replied, “Fuck you, I’ll spit on you, fucking cop!” Gill said, “I dare you, you better not.” Defendant spat in Officer Gill’s face.
II.
We have reviewed the record and find no arguable issues. Defendant was represented by counsel at all pertinent portions of the proceedings. She was properly advised of her rights when she admitted the battery on a police officer. The jurisdictional hearing was fair and without arguable error. The disposition is appropriate. There are no errors in the proceedings.
III.
The jurisdictional and dispositional findings and orders are affirmed.
We concur: Margulies, J., Graham, J.
Retired judge of the Superior Court of Marin County assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.