In re Alex S. CA4/1 ( 2013 )

Filed 3/8/13 In re Alex S. CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re ALEX S., a Person Coming Under the
Juvenile Court Law.
D062089
THE PEOPLE,
Plaintiff and Respondent, (Super. Ct. No. J231172)
v.
ALEX S.,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Carlos
Armour, Judge. Affirmed.
A petition was filed in the juvenile court accusing Alex S. (the minor) of battery in
violation of Penal Code section 242. Following an adjudication hearing the court found
the allegations in the petition to be true beyond a reasonable doubt. The minor was
placed on probation.
FACTS
Janet J., the minor's aunt, testified that the minor had been staying with her. For
approximately a week and a half, the minor had not returned home, but on February 8,
2012, the minor returned home and Janet J. tried to stop her from leaving with some bags.
An altercation ensued, during which the minor pushed Janet J. to the floor and stabbed
her left palm with a knife. Janet J. went to the hospital and required an X-ray. The minor
testified that Janet J. pushed her to the ground to prevent her from leaving, and Janet J.
grabbed a knife and used it to cut the bags. The minor denied stabbing her aunt with the
knife.
DISCUSSION
Appointed 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 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
there was sufficient evidence to support the finding on the battery charge; (2) whether all
of the probation conditions imposed on the minor were valid; and (3) whether the fines,
fees, and restitution were properly assessed.
We granted the minor permission to file a brief on her own behalf. She 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
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appellate counsel, has disclosed no reasonably arguable appellate issues. The minor has
been adequately represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
O'ROURKE, J.
WE CONCUR:
McINTYRE, Acting P. J.
AARON, J.
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