Opinion
F062440 Fresno Sup. Ct. No. 11CEJ600217
01-03-2012
In re A.L., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.L., Defendant and Appellant.
Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
THE COURT
Before Levy, Acting P.J., Kane, J. and Detjen, J.
APPEAL from a judgment of the Superior Court of Fresno County. David C. Kalemkarian, Judge.
Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
INTRODUCTION
Appellant A.L. admitted a juvenile petition, which alleged he committed misdemeanor battery on school grounds (Pen. Code, § 243.2, subd. (a)(1)). Appellant was adjudged a ward of the court and placed on probation pursuant to certain terms and conditions. On appeal, appellant's appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Appellant has not filed a supplementary brief. We will affirm.
FACTS
In 2011, appellant (born 1995) attended Kermit Koontz Educational Center. He had a history of at least 30 suspensions for assaultive, disruptive, or defiant behaviors. He had been expelled from at least three schools. In 2005, he was arrested for assaulting a teacher; the matter was handled informally by probation.
On March 16, 2011, an officer from the Fresno Police Department was working as a school resource officer at appellant's school. He was asked to assist school security personnel with appellant, described as "an out of control student." Appellant was in the security office prior to class and about to be searched. The security officer asked appellant to remove his jacket and shoes. Appellant replied, " 'F*** you, you ain't my mom.' " Appellant then stood up, walked to another security officer, "got in his face," and yelled, " 'Who do you think you are?' " Appellant was sent to class.
Appellant went to class, but he yelled and cursed at school staff and disrupted the class. He got up from his desk and threw a piece of paper, which hit a fellow student, R.D. Appellant then walked over to R.D., stood over him, and yelled, " 'Man, I will beat your ass.' " Appellant's teacher told appellant to return to his seat. Appellant ignored the order and slapped the left side of R.D.'s face with his open right hand.
Appellant was arrested and transported to juvenile hall. He was released from custody the same day. Appellant later told the probation officer that he previously had problems with R.D. Appellant admitted he slapped R.D., but claimed it was self-defense because R.D. tried to stab him with a pencil that day.
PROCEDURAL HISTORY
On March 17, 2011, a juvenile wardship petition was filed in the Superior Court of Fresno County pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging that appellant violated Penal Code section 243.2, subdivision (a)(1), misdemeanor battery on school property.
On March 18, 2011, appellant admitted the petition and requested informal probation. The court denied the request, placed appellant on supervised home detention, and scheduled the disposition hearing.
On May 3, 2011, the court adjudged appellant a ward of the court and placed him on probation pursuant to certain terms and conditions. The court ordered him to perform 100 hours of community service, imposed a $50 restitution fine (Welf. & Inst. Code, § 730.6), ordered him to only have peaceful contact with R.D. (since they still attended the same school), and authorized the probation officer to determine the amount of victim restitution subject to a restitution hearing.
On May 4, 2011, appellant filed a timely notice of appeal.
DISCUSSION
As noted above, appellant's appointed appellate counsel has filed an opening brief pursuant to Wende that summarizes the pertinent facts, raises no issues, and requests this court to review the record independently. The opening brief also includes the declaration of appellate counsel indicating that appellant was advised he could file his own brief with this court. By letter on September 8, 2011, we invited appellant to submit additional briefing. He has not done so.
After independent review of the record, we have concluded there are no reasonably arguable legal or factual issues.
DISPOSITION
The order of the juvenile court is affirmed.