Opinion
F074229
03-17-2017
Linda K. Harvie, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 13CEJ600817)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Gregory T. Fain, Judge. Linda K. Harvie, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Levy, Acting P.J., Gomes, J., and Smith, J.
-ooOoo-
The court committed appellant I.Y. to the Floyd Farrow Substance Abuse Unit (SAU) for 180 days after appellant admitted that he violated his probation (Welf. & Inst. Code, § 777). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On September 30, 2013, appellant, who was then 13 years old, broke several items in his house and threw a vase and two pieces of a broken desk at his sister.
On October 10, 2013, appellant admitted allegations in a petition (Welf. & Inst. Code, § 602) that he committed a misdemeanor assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)), misdemeanor vandalism (§ 594, subd. (a)(2)) and delaying or obstructing a police officer (§ 148, subd. (a)(1)).
All further statutory references are to the Penal Code, unless otherwise indicated. --------
On May 4, 2014, appellant was arrested after he arrived home under the influence of alcohol and punched a hole in the wall.
On May 7, 2014, appellant admitted violating his probation by drinking alcohol, punching a hole in the wall, and violating his curfew.
On June 26, 2014, appellant tested positive for marijuana.
On August 21, 2014, during an angry outburst, appellant threatened to punch his mother.
On August 26, 2014, appellant admitted violating his probation by using marijuana and by using force or violence against his mother and threatening to punch her.
On June 14, 2015, appellant argued with his father and threatened to stab him.
On June 25, 2015, appellant admitted allegations in a petition that he committed a misdemeanor assault (§ 240).
On February 4, 2016, appellant admitted violating his probation by failing to attend school and obey the directives of his probation officer.
On May 10, 2016, during an argument over a cellphone, appellant slapped and punched his sister's face several times and he choked her until she almost passed out.
On May 19, 2016, appellant admitted allegations in a petition that he committed a misdemeanor assault.
On July 8, 2016, appellant tested positive for methamphetamine.
On July 26, 2016, appellant admitted violating his probation by testing positive for amphetamine and methamphetamine.
On August 15, 2016, the court committed appellant to the SAU for 180 days.
Appellant's counsel has filed a brief that 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.) Appellant 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.