Opinion
H047190
02-14-2020
In re A.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.S., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. 18-JV-42911C )
The minor, A.S., admitted committing assault by means of force likely to produce great bodily injury. The juvenile court committed the minor to the Santa Clara County Juvenile Rehabilitation Facilities—Enhanced Ranch Program (the Ranch) and ordered the minor to submit her electronic devices to warrantless search. On appeal from the dispositional order, the minor's counsel filed an opening brief in which no issues are raised and asked this court to independently review the record under People v. Wende (1979) 25 Cal.3d 436. We sent a letter to the minor notifying her of her right to submit a written argument on her own behalf on appeal. She has not done so.
Finding no arguable appellate issue, we affirm. We will provide "a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed," as required by People v. Kelly (2006) 40 Cal.4th 106, 110. We will further include information about aspects of the juvenile court proceedings that might become relevant in future proceedings. (Ibid.)
I. BACKGROUND
A. Factual Summary
We take the facts from the probation officer's reports and the police report.
On the afternoon of May 17, 2019, the victim was outside Woodside High School in San Mateo County waiting for her mother to pick her up. The minor approached the victim, said "something about being a snitch," punched her several times in the face and head, pulled her to the ground, and kicked her once in the head. The victim sustained a minor concussion.
Someone recorded the incident and the video circulated on social media. The minor texted the video to her mother, saying "I cracked her hella bad."
The victim believed the minor attacked her because she had been a witness against the minor's friend in connection with a fight at school earlier in the year.
B. Procedural History
On May 29, 2019, the San Mateo County District Attorney filed a petition under Welfare and Institutions Code section 602, subdivision (a) alleging that the minor had committed assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4); count 1) and dissuaded a witness from testifying (id., § 136.1, subd. (a)(1); count 2). The minor admitted count 1 in exchange for the dismissal of count 2 on June 20, 2019.
The San Mateo County juvenile court transferred the case to Santa Clara County, where the minor resides. The Santa Clara County juvenile court accepted the transfer-in on June 27, 2019. That court held a dispositional hearing on July 12, 2019. At that time, the court continued the minor as a ward of the juvenile court and committed her to the Ranch for six to eight months followed by a period of probation. The court ordered the minor to "provide all passwords to any electronic devices (including but not limited to cellular telephones, computers or notepads) within . . . her custody or control and [to] submit said devices to search at any time without a warrant by any peace officer." The court declared the maximum time the minor could be confined to be 4 years 8 months and awarded her 48 days of presentence credit. The minor timely appealed.
II. DISCUSSION
Having examined the entire record, we conclude that there are no arguable issues on appeal.
III. DISPOSITION
The dispositional order is affirmed.
/s/_________
ELIA, ACTING P. J. WE CONCUR: /s/_________
BAMATTRE-MANOUKIAN, J. /s/_________
DANNER, J.