Opinion
B296981
12-19-2019
In re P.T., A Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. P.T., Defendant and Appellant.
Goldstein Legal Office and Elana Goldstein, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. MJ24454) APPEAL from a judgment of the Superior Court of Los Angeles County. Lisa M. Strassner, Temporary Judge (Pursuant to Cal. Const., art. VI, § 21.). Affirmed. Goldstein Legal Office and Elana Goldstein, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.
A juvenile petition charged appellant P.T. with felony assault by means likely to produce great bodily injury of Benjamin B. and Eliaz B. (Pen. Code, § 245, subd. (a)(4)). At the jurisdictional hearing, two high-school employees testified to witnessing an after-school fight during which appellant kicked Benjamin multiple times while Benjamin was lying on the ground in a fetal position. One of those witnesses denied seeing appellant strike Eliaz, and the other did not recall. A deputy sheriff testified that during an interview after the fight, appellant admitted to hitting Benjamin while Benjamin was on the ground. A video of the incident, captured on a student's cell phone, showed appellant bringing Benjamin to the ground. Appellant called two other students, who testified to circumstances surrounding the fight, but did not address whether appellant had struck Benjamin while the latter was on the ground.
At the conclusion of the jurisdictional hearing, the trial court granted the prosecution's motion to dismiss the charge pertaining to the assault on Eliaz. The court sustained the charge pertaining to the assault on Benjamin, but reduced it to a misdemeanor. It declared appellant a ward of the court. At the dispositional hearing, the court placed appellant home on probation.
Appellant timely appealed. After examining the record, appointed appellate counsel filed a brief requesting this court independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442 (Wende). On July 26, 2019, we sent a letter advising appellant he had 30 days to submit a brief or letter raising any contention or argument he wished this court to consider. We received no response.
We have examined the entire record and are satisfied no arguable issue exists. By virtue of counsel's compliance with the Wende procedure and our review of the record, appellant has received adequate and effective appellate review of the judgment. (See Smith v. Robbins (2000) 528 U.S. 259, 278.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
MANELLA, P. J.
We concur:
WILLHITE, J.
COLLINS, J.