Opinion
B328267
10-22-2024
In re Brandon B., a Person Coming Under the Juvenile Court Law. v. BRANDON B., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,
Sarah M. Javaheri, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Los Angeles County, No. PJ54028 David Yaroslavsky, Judge. Affirmed.
Sarah M. Javaheri, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ADAMS, J.
Minor Brandon B. appeals from a juvenile court disposition order sustaining a Welfare and Institutions Code section 602 (section 602) petition and declaring him a ward of the court. Brandon B.'s counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436 (Wende), asking us to conduct an independent review of the record. We affirm the juvenile court's order.
In September 2022, the People filed a section 602 petition alleging Brandon had committed assault by means of force likely to produce great bodily injury in violation of Penal Code section 245, subdivision (a)(4). Brandon was on formal probation at the time of the alleged incident.
At a contested adjudication hearing, Seth Schienle testified that on August 5, 2022, he arrived home to find two young men in his front yard, sitting in his golf cart. Schienle got out of his truck and, using profanity, asked what was going on. The two young men, Brandon and another minor, Oliver C., said, "What's it to you?" Schienle told the minors to get off the golf cart and leave his property. He was angry. The verbal confrontation escalated.
The minors walked to the street but were still on Schienle's property. He again told them to leave. Oliver got into a boxing stance. He said he was a boxer and Schienle would not tell him what to do. Schienle again told the minors to leave and took a step forward. Oliver swung at him. Brandon jumped onto Schienle's back and restrained his arms. Oliver hit Schienle on the side of the head. All three fell to the ground. Brandon got up first and kicked Schienle in the face. Schienle managed to rise, then scrambled away. He picked up a cell phone and a hat he saw on the ground. He said he was going to call the police. Although there was further verbal sparring, the minors walked away, saying they knew where Schienle lived and would return. Schienle's lip was split, and he was bleeding inside his mouth. He continued to experience a problem with his tooth at the time of the adjudication hearing.
Brandon and Oliver also testified. According to the minors, on the afternoon of the incident they were waiting for Brandon's father. They sat in the golf cart because it was shaded and they could sit while they waited. When Schienle arrived at his home and saw them on his golf cart, they could tell he was upset. They immediately began to apologize. After they had apologized many times, Schienle was still yelling, so the minors started walking away. Schienle followed them. Oliver threw a couple of punches in Schienle's direction to keep him away. As the minors continued to walk away, Schienle chased them. He swung at Brandon but missed. Oliver pushed Schienle and ran away. Brandon also ran away. Oliver fell while he was running. He landed face down and was briefly unconscious. Brandon saw Schienle on top of Oliver, choking him. Brandon pulled Schienle off Oliver, then they were all on the ground. Brandon stood and helped Oliver up. Schienle again swung at Brandon, but Brandon dodged the punch. The minors walked away and called 911. Brandon had recorded part of the altercation on his cell phone. The court admitted the video over the People's objection.
The juvenile court found Schienle's testimony credible and sustained the petition. The court declared Brandon to be a person described by section 602 and the charge a misdemeanor. The court ordered Brandon home on probation with the same conditions as his prior probation. The court further ordered Brandon to pay a $10 restitution fine, and to pay restitution, in an amount to be determined. The court set a date for further restitution proceedings.
Brandon timely appealed. Court-appointed appellate counsel filed an opening brief that raised no issues and asked this court to independently review the record pursuant to Wende, supra, 25 Cal.3d 436. We directed appellant's counsel to send Brandon the record and a copy of the opening brief, and we advised that within 30 days of the date of the notice, Brandon could submit a supplemental brief or letter stating any grounds for an appeal, contentions, or arguments he wished this court to consider. Appellate counsel also submitted a declaration stating that she had informed Brandon of his right to file a supplemental brief or letter and had sent Brandon the appellate record. Brandon did not submit a supplemental brief or letter.
We have independently examined the record submitted on appeal and are satisfied no arguable issues exist and Brandon's attorney has complied with the responsibilities of counsel. (People v. Kelly (2006) 40 Cal.4th 106, 125-126; Wende, supra, 25 Cal.3d at pp. 441-442.)
DISPOSITION
The juvenile court order is affirmed.
We concur: EDMON, P. J., EGERTON, J.