Opinion
D059707 Super. Ct. No. J228296
12-21-2011
In re JOSEPH C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. JOSEPH C., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from a judgment of the Superior Court of San Diego County, Carolyn M. Caietti, Judge. Affirmed.
Joseph C., a minor, was charged by petition with a violation of Penal Code
section 417, subdivision (a)(1) (drawing, exhibiting, or using a deadly weapon in an angry, rude or threatening manner in the presence of another, except in self-defense), a misdemeanor. After an evidentiary hearing, the court sustained the allegations of the petition, finding the minor to have violated section 417, subdivision (a)(1) beyond a reasonable doubt.
All statutory references are to the Penal Code, unless otherwise stated.
At the subsequent disposition hearing, the court ordered that Joseph would be ward of the court (Welf. & Inst. Code, § 602), under the care and supervision of the probation officer, and placed him with his parents on the condition that he complete 30 days home supervision as directed by the probation officer. The court further ordered the minor and his parents to participate in treatment or counseling as directed by the probation officer.
Minor appeals.
FACTS
On February 2, 2011, minor's father, Jose, called police and reported his children Joseph and Amanda had run away. Police located the children at Cricket Wireless, and called the father to pick them up. When Jose and the children arrived home, Joseph and his father argued. Joseph went to his room, and then went to go take a shower.
Joseph stayed in the shower for approximately two hours before Jose knocked on the bathroom door and asked Joseph to get out of the shower. Joseph responded to his father with "bad words," and stayed in the shower. Joseph's mother told her husband to "go turn the shower off." Jose returned to the bathroom a second time, knocked on the door and walked in. Jose moved the shower curtain with his foot, turned off the shower faucet, and asked Joseph to get up and out of the shower. Upset because Jose had invaded his privacy, Joseph called his father " 'faggot, queer', the F-word, you know, just all kinds of, you know, names.'" Jose told Joseph to "just hurry up" and closed the bathroom door.
Joseph's sister Amanda was closest to the bathroom when the incident occurred. She did not hear her brother scream loudly, say ouch or that Jose had kicked him.
Joseph got out of the shower, left the bathroom, shaking, and returned to his room. Because he was angry with his father, Joseph went to the kitchen and grabbed a small knife, and then returned to his room. Standing at the foot of his door, with the knife in his raised hand, Joseph called his father to his room. Joseph challenged his father to come into his room and said, "I'm not afraid of you." Jose told his wife to get the knife from Joseph, walked away, and called 911.
Joseph's mother was scared and questioned her son as to why he had the knife. Joseph said, "Well if my father comes over here I have something to defend myself with." Joseph gave his mother the knife "on his own."
Police arrived at the home. Officer Dustin Hollins spoke to Joseph, who was irritated and uncooperative. Joseph told Hollins "that's the knife I had, just take me to jail. I just want to go now." The officer retrieved the knife, which Joseph then identified.
Joseph was arrested and given a Miranda warning. Joseph said he understood his rights, and then told Hollins that he was taking a shower and wasn't ready to get out. Joseph then said his father kicked him in the stomach and told him to get out of the shower, turned off the shower and exited the bathroom.
Miranda v. Arizona (1966) 384 U.S. 436.
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DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues: (1) whether the trial court abused its discretion in determining that minor did not act in self defense; and (2) whether pursuant to section 26, the minor, who was under the age of 14, was a person capable of committing the act charged.
We granted Joseph permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Joseph has been adequately represented by counsel on appeal.
DISPOSITION
The judgment is affirmed.
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IRION, J.
WE CONCUR:
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MCCONNELL, P. J.
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HUFFMAN, J.