In re Paul B. CA1/5

Filed 10/23/14 In re Paul B. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re PAUL B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A142298 v. (Solano County PAUL B., Super. Ct. No. J42471) Defendant and Appellant.

Pursuant to a negotiated disposition of a wardship petition, minor Paul B. admitted a misdemeanor violation of Penal Code section 245, subdivision (a)(4),1 assault by means of force likely to produce great bodily injury. Following a disposition hearing, the juvenile court adjudged Paul a ward of the court, placed him on formal probation, committed him to 15 days in juvenile hall with credit for 15 days of detention, and released him into the custody of his parents. Paul appeals from the dispositional order. Assigned counsel has submitted a Wende2 brief, certifying that counsel has been unable to identify any issues for appellate review. Counsel also has submitted a declaration confirming that Paul has been advised of his right to personally file a supplemental brief raising any points which he wishes to call to the court’s attention. No

1 Undesignated statutory references are to the Penal Code. 2 People v. Wende (1979) 25 Cal.3d 436.

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supplemental brief has been submitted. As required, we have independently reviewed the record. (People v. Kelly (2006) 40 Cal.4th 106, 109–110.) We find no arguable issues and therefore affirm. I. BACKGROUND Since Paul makes no challenge to the jurisdictional finding, we discuss the facts of the underlying offense only as relevant to the court’s dispositional order. On April 14, 2014, Paul and two friends approached the victim, A.C., in his school’s parking lot. Paul wrapped his arm around A.C.’s neck, squeezing it to the point where A.C. began to lose consciousness. Paul pulled A.C. to the ground and all three perpetrators began to kick and stomp on A.C.’s head and facial area. A.C. suffered a small laceration, redness, and swelling to the top of his head. During the assault, one of the suspects took A.C.’s cell phone from his pants pocket. Paul was arrested the following day at his home. On April 16, 2014, the Solano County District Attorney filed a juvenile wardship petition pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging that Paul committed a felony second degree robbery (§ 211), a serious and violent felony (§§ 667.5, subd. (c), 1192.7, subd. (c)). The petition also alleged felony assault (§ 245, subd. (a)(4)), a serious felony (§ 1192.7, subd. (c)). On April 30, 2014, the district attorney orally moved to amend the petition to reduce the violation of section 245, subdivision (a)(4), from a felony to a misdemeanor, and to add a misdemeanor violation of section 487, subdivision (c) (theft). Paul admitted the misdemeanor violation of section 245, subdivision (a)(4). The robbery charge was dismissed outright, and the misdemeanor theft charge was dismissed with a Harvey3 waiver. At the June 20, 2014 disposition hearing, Paul’s counsel challenged the probation officer’s recommendation for wardship and formal probation and asked the court to impose an informal probation period of six months. Paul’s attorney expressed concerns