Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment (order) of the Superior Court of Los Angeles County No. YJ33571, Irma J. Brown, Judge.
Stephen Borgo, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
SUZUKAWA, J.
On March 15, 2011, the Los Angeles County District Attorney’s Office filed a petition pursuant to Welfare and Institutions Code section 602 alleging that Sergio R. (Minor) committed the crime of assault with a firearm. It was further alleged that he personally used a firearm during the commission of the offense and committed the offense for the benefit of a criminal street gang. (Pen. Code, §§ 245, subd. (a)(2), 12022.5, 186.22, subd. (b)(1)(B).) On April 7, the juvenile court sustained the petition and, on April 11, it declared Minor a ward of the court and ordered that he be placed in a camp community placement program. He appeals from the order of wardship. We affirm.
STATEMENT OF FACTS
I. The Prosecution Case
At approximately 10:30 on the morning of March 14, 2011, Latrell L. was walking near 119th and Vermont when he encountered Minor and Richard M. Latrell recognized Richard as they had engaged in a prior altercation. Referring to Latrell, Minor asked Richard, “Who is this?” Richard replied, “He from Snoover.” Latrell explained that Snoover is a “dis” for the Hoover gang, a rival to the South Los gang. Latrell was “pretty sure” Minor and Richard were members of South Los at the time. Latrell told Minor and Richard that he was not with the Hoover gang any longer. At that point, Minor tried to grab Latrell, but he broke away. Minor retrieved a revolver from his pants pocket and told Latrell to come with him. As Minor again tried to grab him, Latrell ran down Vermont Avenue.
As Latrell ran, Minor and Richard gave chase. Either Minor or Richard got a hold of the hood of Latrell’s sweater, causing him to stop. The three began trading blows. Latrell started running again. He pulled out his cell phone and called 911, believing he would be killed. He told the operator where he was located. Latrell stopped when he got to an area where people were standing waiting for the bus. Minor and Richard caught up with Latrell and began hitting him. Latrell remained on the line with the operator. Latrell managed to start running again, and the group reached Imperial and Vermont. As Minor and Richard were striking Latrell, Minor saw the police approaching.
Los Angeles County Sheriff’s Deputy Joe Medina and his partner Deputy Nancy Veliz were driving south on Vermont Avenue when Medina saw two Hispanic males striking an African-American male with their fists. As Medina began to negotiate a U turn, he observed the two Hispanics running. The deputies stopped and spoke to Latrell. Shortly thereafter, they detained Minor and Richard.
Detective Albert Arevalo was part of a unit responsible for investigating the South Los gang. He testified with respect to the gang’s territory and its primary criminal activities and common signs. The gang’s main rival is the Hoover gang.
The parties stipulated that he was a gang expert.
Arevalo knew Latrell to be a Hoover member and Minor and Richard M. to be South Los members. The area where the three males began fighting is in South Los territory. Responding to a hypothetical question based on the facts of this case, Arevalo opined that the described assault was committed for the benefit of a criminal street gang.
II. The Defense Case
On the morning of March 14, 2011, Minor was walking to the Metro station at 116th and Vermont to catch a train that would take him to school. He saw Latrell L. approaching. Minor did not know Latrell. Latrell said, “I’m from Hoover.” Minor did not respond. Latrell stated, “F. South Los, ” and punched him. Minor dropped his backpack and starting running toward Vermont in the direction of the train station.
As he was running, Minor saw Richard M. Latrell approached and struck Richard. When Minor could not run any further, he stopped and noticed Latrell was in pursuit. Minor decided to defend himself and struck Latrell twice. He denied having a gun. After he struck Latrell, Minor saw the deputy sheriffs. They detained him and placed him in the back of the patrol car.
DISCUSSION
After reviewing the record, Minor’s counsel filed an opening brief and requested that this court independently review the record for appellate issues pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel filed a declaration stating that he had sent Minor a letter advising him of the nature of the brief, a copy of the brief, and the record.
On September 28, 2011, we advised Minor that he had 30 days within which to submit any issues that he wished us to consider. We have received no response to date.
We have independently reviewed the record. We are satisfied that no arguable issues exist and that Minor has, by virtue of counsel’s compliance with the Wende procedure and our independent review of the record, received effective appellate review of the order of wardship. (Smith v. Robbins (2000) 528 U.S. 259, 277-279; People v. Kelly (2006) 40 Cal.4th 106, 123-124.)
DISPOSITION
The judgment (order of wardship) is affirmed.
We concur: EPSTEIN, P. J., MANELLA, J.