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People v. Elizabeth S. (In re Elizabeth S.)

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Feb 1, 2012
F062821 (Cal. Ct. App. Feb. 1, 2012)

Opinion

F062821 Super. Ct. No. JW124713-02

02-01-2012

In re ELIZABETH S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. ELIZABETH S., Defendant and Appellant.

Carol Foster, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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., Cornell, J., and Franson, J.

APPEAL from a judgment of the Superior Court of Kern County. Peter A. Warmerdam, Referee.

Carol Foster, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

Appellant, Elizabeth S., appeals from a judgment entered after she admitted allegations charging her with misdemeanor battery on a school employee (count 1/Pen. Code, § 243.6) and violating her probation (count 2/Welf. & Inst. Code, § 777, subd. (a)(2)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441, we affirm.

All further statutory references are to the Penal Code unless otherwise indicated.
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FACTS

On November 22, 2010, Elizabeth admitted allegations charging her with receiving stolen property (§ 496, subd. (a)).

On December 8, 2010, the court adjudged Elizabeth a ward of the court (Welf. & Inst. Code, § 602) and placed her on probation in the custody of her foster parent.

On February 8, 2011, Elizabeth admitted allegations charging her with receiving a stolen vehicle (count 2/§ 496d, subd. (a)), receiving stolen property (count 4) and violating her probation (count 5). The court then continued Elizabeth on probation and ordered her to serve 30 days in custody.

On April 19, 2011, the court ordered Elizabeth placed out-of-state at Forrest Ridge Youth and Family Services.

On April 28, 2011, while awaiting placement at Forrest Ridge, Elizabeth was exiting a classroom at Central School in Kern County, when she struck her teacher in the face. Earlier, Elizabeth had told other students that she was going to assault the teacher because she wanted to be in an "orange shirt."

On May 5, 2011, the district attorney filed a petition charging Elizabeth with battery on a school employee and violating her probation.

On May 26, 2011, Elizabeth admitted the allegations in the petition.

On July 1, 2011, the court continued Elizabeth on probation, set her maximum term of confinement at four years eight months, and placed her in the care and custody of the probation officer pending further order by the court.

Elizabeth's appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Elizabeth has not responded to this court's invitation to submit additional briefing.

Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.


Summaries of

People v. Elizabeth S. (In re Elizabeth S.)

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Feb 1, 2012
F062821 (Cal. Ct. App. Feb. 1, 2012)
Case details for

People v. Elizabeth S. (In re Elizabeth S.)

Case Details

Full title:In re ELIZABETH S., a Person Coming Under the Juvenile Court Law. THE…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

Date published: Feb 1, 2012

Citations

F062821 (Cal. Ct. App. Feb. 1, 2012)