Opinion
E059897
03-11-2014
In re A.G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.G., Defendant and Appellant.
Cynthia M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.No. J251323)
OPINION
APPEAL from the Superior Court of San Bernardino County. Brian Saunders, Judge. Affirmed.
Cynthia M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
A Welfare and Institutions Code section 602 petition (the petition) was filed alleging that defendant and appellant A.G. (minor) committed assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1), count 1), assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4), counts 2 & 3), and vandalism with damage under $400 (Pen. Code, § 594, subd. (b)(2)(A), count 4). As to count 1, the petition further alleged that minor personally used a deadly and dangerous weapon. (Pen. Code, §§ 12022, subd. (b)(1), 1192.7, subd. (c)(23).) The prosecutor also filed a notice that minor was not eligible for the Deferred Entry of Judgment (DEJ) program. Minor admitted the allegation in count 2. A juvenile court found the allegation true and dismissed the other counts and allegation. At the disposition hearing, minor requested DEJ, but the court denied the request. The court declared minor a ward and placed him on probation in the custody of his mother.
Minor filed a timely notice of appeal regarding the disposition. We affirm.
PROCEDURAL BACKGROUND
The petition alleged, and minor admitted that, on or about September 21, 2013, he committed an assault by means likely to produce great bodily injury, a felony. (Pen. Code, § 245, subd. (a)(4).)
DISCUSSION
Minor appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [ 87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and one potential arguable issue: whether the court erred in denying minor's request for DEJ. Minor has also requested this court to undertake a review of the entire record.
We offered minor an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting P. J.
We concur: McKINSTER
J.
CODRINGTON
J.