Opinion
F073205
01-18-2017
In re MIRANDA G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. MIRANDA G., Defendant and Appellant.
George J. Vasquez, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. JJD067058)
OPINION
THE COURT APPEAL from an order of the Superior Court of Tulare County. Michael B. Sheltzer, Judge. George J. Vasquez, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Gomes, Acting P.J., Kane, J. and Detjen, J.
-ooOoo-
The court continued appellant Miranda G. as a ward of the court after it sustained allegations in a petition charging Miranda with second degree robbery (count 1/Pen. Code, § 211) and assault by means of force like to cause great bodily injury (count 2/§ 245, subd. (a)(4)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
All further statutory references are to the Penal Code. --------
FACTUAL AND PROCEDURAL HISTORY
On October 29, 2015, at approximately 9:49 p.m., Rosa Gutierrez was working as a cashier at CVS in Tulare when she saw four male juveniles enter the store followed a few minutes later by appellant and her boyfriend, Matthew Armendariz. The four male juveniles got some liquor bottles and ran out of the store quickly. Appellant and Armendariz also grabbed some liquor bottles and attempted to leave the store, but Josephine Espinoza, a CVS shift supervisor, grabbed Armendariz and he struck Espinoza on the head with a bottle. Appellant ran towards Espinoza with a bottle in her hand, attempted to strike her on the head, but Gutierrez grabbed ahold of her. Armendariz then sprayed pepper spray on Gutierrez and Espinoza and he and appellant ran out of the store with some of the bottles.
On November 4, 2015, Gutierrez and Espinoza identified appellant as the female juvenile who had been involved in the robbery at the store.
On November 6, 2015, the Tulare County District Attorney filed a wardship petition charging appellant with second degree robbery and assault by means of force likely to produce great bodily injury.
On December 22, 2015, following a contested jurisdictional hearing, the court sustained the two counts.
On January 7, 2016, the court aggregated time from several previous petitions, set appellant's maximum term of confinement at seven years six months, and committed her to the Tulare County Long-Term Program for 240 to 365 days.
Appellant'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.) 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.