Filed 6/26/13 In re C.W. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
In re C.W., a Person Coming Under the
Juvenile Court Law.
THE PEOPLE,
E058131
Plaintiff and Respondent,
(Super.Ct.No. J245600)
v.
OPINION
C.W.,
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Brian Saunders,
Judge. Affirmed.
David R. Greifinger, under appointment by the Court of Appeal, for Defendant
and Appellant.
No appearance for Plaintiff and Respondent.
A second juvenile wardship petition was filed in San Bernardino County on
January 8, 2013, alleging that defendant and appellant C.W. (minor) committed
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misdemeanor battery (Pen. Code, § 242, count 1) and resisted a peace officer (Pen. Code,
§ 148, subd. (a)(1)). A juvenile court found both allegations to be true. A disposition
hearing was held on February 19, 2013, and the court ordered minor into the custody of
the probation department, pending placement in foster care. The court ordered minor and
his mother to participate in specified services, pursuant to Welfare and Institutions Code1
sections 727, subdivision (b), and 731.
Minor filed a timely notice of appeal regarding the disposition. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
First Welfare and Institutions Code Section 602 Petition
On August 20, 2012, the San Bernardino County District Attorney’s Office filed a
Welfare and Institutions Code section 602 petition, alleging that minor had committed
battery. (Pen. Code, § 242.) Minor was arguing with his mother, and he pushed her into
the kitchen counter and struck her head on the kitchen cupboard. At the detention
hearing, minor admitted the allegation. At a disposition hearing, the court declared minor
not to be a ward of the court. The court placed minor in the custody of his mother on
terms of probation under Welfare and Institutions Code section 725, subdivision (a).
On October 26, 2012, minor’s probation officer filed a request for a special
hearing, based on minor’s alleged failure to comply with his probation terms. The court
held a hearing, ordered the section 725, subdivision (a) probation terminated as
1 All further statutory references will be to the Welfare and Institutions Code,
unless otherwise indicated.
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unsuccessful, and declared minor a ward. Minor was not present at the hearing, and the
court issued a bench warrant. The court subsequently held a detention hearing with
minor present and detained him in juvenile hall, pending further hearing. On December
4, 2012, the court ordered that minor be continued as a ward and placed in his mother’s
custody, under the probation terms previously imposed, as well as two additional terms.
Second (Instant) Welfare and Institutions Code Section 602 Petition
On January 8, 2013, a subsequent Welfare and Institutions Code section 602
petition was filed, alleging that minor committed battery (Pen. Code, § 242, count 1) and
resisted a peace officer (Pen. Code, § 148, subd. (a)(1), count 2). A hearing was held,
and minor’s sister (the sister) testified that, on January 6, 2013, she heard an argument
going on between minor and his mother. The sister walked into the room, and minor
charged at her and started punching her with a closed first. He punched her three times in
the face and kicked her in the ribs. Minor’s mother and uncle called the police, and
minor left the house. Officer Gerad Laing responded to the call. Officer Laing testified
at the hearing that he saw minor running, so he pulled his patrol car in front of him and
told him to stop. Minor turned away from the officer and continued to run. Officer
Laing got out of his car and chased minor down. Officer Laing took him down and had
to use a control hold, since minor was still trying to run away. Officer Laing and another
officer eventually gained control of minor and arrested him. Minor testified at the
hearing, as well, and denied punching his sister. After hearing the testimonies, the court
found both allegations to be true. The court subsequently ordered minor into the custody
of the probation department, pending placement in foster care.
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ANALYSIS
Defendant appealed and, upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d
493], setting forth a statement of the case and two potential arguable issues: (1) whether
minor’s convictions were supported by sufficient evidence; and (2) whether the court
abused its discretion in ordering him into out-of-home placement. Counsel has also
requested this court to undertake a review of the entire record.
We offered minor an opportunity to file a personal supplemental brief, which he
has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have
conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting P. J.
We concur:
McKINSTER
J.
RICHLI
J.
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