In re A.R. CA5

Filed 3/1/23 In re A.R. CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re A.R., a Person Coming Under the Juvenile
Court Law.
THE PEOPLE, F084728
Plaintiff and Respondent, (Super. Ct. No. JJD074179)
v.
OPINION
A.R.,
Defendant and Appellant.
THE COURT*
APPEAL from orders of the Superior Court of Tulare County. Hugo J. Loza,
Judge.
Andrea Keith, under appointment by the Court of Appeal, for Defendant and
Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
* Before Poochigian, Acting P. J., Franson, J. and Snauffer, J.
Appointed counsel for minor A.R. asked this court to review the record to
determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25
Cal.3d 436.) Minor was advised of his right to file a supplemental brief within 30 days of
the date of filing of the opening brief. Minor did not respond. Finding no arguable error
that would result in a disposition more favorable to minor, we affirm.
BACKGROUND
On May 11, 2022, 15-year-old minor was living with his parents and his
two siblings. That night, father went to bed early because he had to work the next
morning. Around 9:30 p.m., minor was angry because their dog’s barking outside was
keeping him awake. He went into his parents’ bedroom and started throwing things at
father, as he had done several times when he was upset. Father told him to go to sleep
and struck him once on the back with a charger cord. Minor then hit father’s head twice.
Eleven-year-old sister tried to defend father. She pulled on minor’s shirt, saying his
name, as she tried to stop him from hitting father. When she ripped minor’s shirt, minor
hit her above her eye with a closed fist. Father called the police.
On May 12, 2022, a juvenile petition was filed pursuant to Welfare and
Institutions Code section 6021 alleging minor committed two counts of misdemeanor
battery (Pen. Code, § 242).
On May 13, 2022, minor, who had been detained, was released into his parents’
custody.
On May 19, 2022, minor admitted both allegations.
On June 22, 2022, the juvenile court found section 725 inapplicable to minor. The
court therefore allowed minor to withdraw his admissions.
1 All statutory references are to the Welfare and Institutions Code unless otherwise
noted.
2.
On July 14, 2022, the juvenile court found both allegations true and declared
minor a ward of the juvenile court (§ 602). The court granted probation and placed minor
with his parents under various terms and conditions.
On August 1, 2022, minor filed a notice of appeal.
DISCUSSION
Having undertaken an examination of the entire record, we find no evidence of
any arguable error that would result in a disposition more favorable to minor.
DISPOSITION
The juvenile court’s findings and orders are affirmed.
3.