In re K.J. CA4/1

Filed 10/28/24 In re K.J. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.J., a Person Coming Under the Juvenile Court Law. D083948 THE PEOPLE,

Plaintiff and Respondent, (Super. Ct. No. J244301)

v.

K.J.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Marissa Bejarano, Judge. Affirmed. Lisa A. Kopelman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. K.J., a minor, appeals from the juvenile court’s judgment sustaining the People’s petition after the court reduced the first count from felony to misdemeanor assault with force likely to produce great bodily injury (Pen.

Code,1 § 245, subd. (a)(4)) and dismissed the remaining count and all enhancements. The court declared K.J. a ward of the court pursuant to Welfare and Institutions Code section 602 and placed him on formal probation in the custody of his parents. His appointed counsel filed a brief raising no arguable issues and requesting that we exercise our discretion to review the record for potential issues under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We have independently reviewed the record and find no arguable issue that would result in a modification or reversal of the judgment. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND K.J. and W.B. were middle and high school classmates in the years leading up to early 2022, when K.J. was a freshman at La Jolla High School. W.B., a linebacker for the high school football team, had an extensive history of bullying others, including incidents where he reportedly pushed, punched, threatened, and used racial and homophobic slurs against fellow students. K.J. testified that W.B. verbally and physically bullied him daily in middle school. Although K.J. reported the bullying to his family and school administrators, W.B.’s behavior continued. There was a pause in their interactions when classes were held online for a year, but when K.J. started high school, W.B. resumed his bullying. In February 2022, W.B. heard that his friend T.L. got into a fight with K.J. and a few of K.J.’s friends, leaving T.L. with a bloodied nose. Later that day when W.B. and K.J. were in the gym at the same time playing basketball, W.B. confronted K.J. about hurting T.L. Witnesses testified that W.B. approached K.J., wrestled him to the ground, and pressed his knee into