Opinion
B235030
02-22-2012
In re GREGORIO R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. GREGORIO R., Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. MJ20416)
BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J.
Gregorio R., a minor, appeals from an order that he remain a ward of the juvenile court pursuant to Welfare and Institutions Code section 602 by reason of his having made a criminal threat (Pen. Code, § 422). The juvenile court ordered appellant to complete a six-month camp program, awarded him 28 days of custody credit and determined his aggregate maximum term of confinement to be three years eight months.
All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.
The maximum term of confinement was based upon a three-year term for the criminal threat and a consecutive eight-month term for vandalism with damages exceeding $400 alleged in an earlier filed section 602 petition.
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FACTUAL AND PROCEDURAL BACKGROUND
In May 2011, the district attorney filed a section 602 petition against appellant, alleging one count of making a criminal threat. Thereafter, the juvenile court conducted an adjudication/disposition hearing. The evidence adduced at that hearing is as follows.
On May 25, 2011, Deputy Sheriff Armando Baires interviewed appellant's mother at her residence. She told him that she was afraid of appellant because he had been violent with her in the past few months. After a court hearing in another matter, appellant told his mother "to keep her mouth shut. [That] [i]t wasn't her business to talk about what went on in the house. [And that] [i]f she kept talking that way that he would beat her ass." Appellant's mother had removed a handgun from the house, fearing what appellant might do with it.
The deputy also spoke with another witness at the same location, Dunia Agirre (Agirre), who lived with appellant. Agirre said that she knew appellant's mother was afraid of appellant and that Agirre had noticed bruises on the mother's arm that Agirre believed were inflicted by appellant.
A probation officer testified that in preparing the pre-plea report she had also interviewed appellant's mother, who stated that she has been both physically and verbally abused by appellant.
Appellant's mother denied that appellant ever threatened her, been violent to her, or ever done anything to harm her. She also denied that she moved a gun out of concern for what appellant might do with it, told any of these things to Agirre, or told Deputy Baires or anyone else any of these things.
Appellant testified that on the day in question officers took him from school and searched his residence. After speaking with appellant's mother, an officer told him that he was taking him in and "that he was going to beat [him] up once [they] got to the police station because [he] had threatened [his] mother." Appellant denied ever cursing or harming his mother.
We appointed counsel to represent appellant on appeal. After examination of the record, counsel filed an "Opening Brief" in which no issues were raised.
On November 22, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The order under review is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.