Opinion
F079499
01-16-2020
In re A.R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.R., Defendant and Appellant.
Patrick J. Hoynoski, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 19JQ-0005)
OPINION
THE COURT APPEAL from orders of the Superior Court of Kings County. Jennifer Lee Giuliani, Judge, and Louis F. Bissig, Judge (Retired judge of the Kings Sup. Ct., assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.). Patrick J. Hoynoski, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Poochigian, Acting P.J., Detjen, J. and Franson, J.
Judge Giuliani presided over the contested jurisdictional hearing; Judge Bissig presided over the sentencing hearing.
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Appointed counsel for minor A.R. asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Minor was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from minor. Finding no arguable error that would result in a disposition more favorable to minor, we affirm the juvenile court's findings and orders.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On January 13, 2019, at approximately 8:00 p.m., 17-year-old minor went to José's apartment. Minor and José were formerly close friends. Both José and his uncle had known minor since childhood. On this evening, José's uncle and grandfather were at home with him. José heard a knock at the door. He opened it and saw minor. José asked minor what was going on. Minor loudly cursed at José, called him "fake," and challenged him to a fight. José told minor he did not want any problems and asked him to leave, but he did not. José's uncle came to the door. The uncle tried to calm minor down, telling him to relax and just go home, but minor continued to scream over him. The grandfather then came out of his room and also tried to talk to José, who was very aggressive and angry. The three men blocked his entrance to the apartment and refused to fight.
Minor pushed against the men and stepped into the apartment. He started swinging both fists at the men, narrowly missing their faces. He swung eight or 10 times. When he lunged at and tried to hit the grandfather, who blocked the blow with his hand, the uncle grabbed minor and forced him to the floor. The uncle hit minor on the back of the head about six times and minor started crying. José hit minor on the back about three times and perhaps once on the face. The men could not drag minor out of the apartment because he was holding onto the corner of the wall. While on his knees, minor picked up a dumbbell from the floor, but the men took it from him. He started to scream for help. José dragged minor outside. Minor got up and tried to come back inside, but the men were able to close the door.
Police Officer Austin Rodriguez was dispatched to the scene. He heard minor yelling and screaming. The officer found minor outside, bleeding from his bottom lip. Minor was emotional and distressed. He yelled and screamed that his friends jumped him and hit him in the back of the head. The officer tried to calm minor down. Minor said he went to the apartment because his friend called him a snitch for smoking marijuana. Emergency medical services arrived to evaluate minor but did not take him from the scene. The officer separately interviewed José, his uncle, and his grandfather. The officer located and photographed the dumbbell.
Defense Evidence
Minor testified he went to the apartment to ask his friend, José, a question. He and José had been friends since kindergarten. José was spreading rumors that minor stole José's watch and was a "fake." José's uncle and grandfather came to the door. Minor had not been invited to the apartment, but he was not angry, and he never tried to hit, assault, or move aggressively toward anyone. He did not yell, throw punches, or ask anyone to fight. The grandfather started the attack, telling minor to watch out and then throwing punches at minor. The grandfather and uncle dragged minor into the apartment and continued to attack him. He screamed for help. They forced him to the floor and stomped on his back and hit his face. They hit him on the head with the dumbbell. He was dragged out of the apartment and thrown outside. He had trouble seeing and thought he needed medical attention. He told the officer that the grandfather had tried to kill him. He did not tell the officer the whole story because he was waiting to talk to an attorney. The next day, when minor was in custody, he went to the juvenile hall emergency room.
The officer did not remember minor telling him the grandfather tried to kill him. At the station, minor tested positive for marijuana.
On January 15, 2019, a petition was filed pursuant to Welfare and Institutions Code section 602, alleging that minor had committed assault with a deadly weapon (the dumbbell) upon José (Pen. Code, § 245, subd. (a)(1); count 1) and assault and battery upon the uncle (§ 242, a misdemeanor; count 2).
All further statutory references are to the Penal Code. --------
At the contested jurisdictional hearing on April 23, 2019, the juvenile court found not true the allegation in count 2. In count 1, the court found true the allegation that minor committed the lesser included offense of assault, the attempt to commit a violent injury on a person (§ 240, a misdemeanor). The court explained it did not believe minor's testimony, including that he was a victim of an attack by the grandfather.
At the dispositional hearing on May 21, 2019, the juvenile court placed minor on six months' probation with certain conditions but without wardship.
On June 20, 2019, minor filed a notice of appeal.
Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to minor.
DISPOSITION
The findings and orders of the juvenile court are affirmed.