In re E.S. CA1/1

Filed 12/9/14 In re E.S. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In re E.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. E.S., A141736 Defendant and Appellant. (Solano County Super. Ct. No. J42325)

Defendant E.S. appeals from a judgment of the juvenile court sustaining allegations of felony and misdemeanor assault with a deadly weapon or by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1))1 on two dates, and misdemeanor exhibition of a deadly weapon (§ 417, subd. (a)(1)) on two dates, declaring wardship and placing him on probation on numerous terms and conditions, including serving five weekends in juvenile hall. His appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the judgment. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not filed anything further. Upon independent

1 All further statutory references are to the Penal Code unless otherwise indicated. 1

review of the record, we conclude no arguable issues are presented for review, and affirm the judgment. DISCUSSION On January 13, 2014, the Solano County District Attorney filed a wardship petition under Welfare and Institutions Code section 602, subdivision (a), alleging four counts, two arising out of an incident occurring on January 8, 2014, and two arising out of an incident on November 11, 2013.2 A contested jurisdictional and disposition hearing was held on April 28, 2014. The January 2014 incident occurred in E.S.’s math classroom at the end of the day. In response to a classmate, K.J., telling him what she had just said to another classmate “didn’t concern” him so “why did [he] want to know,” E.S. pulled a knife from his pocket, opened it, and pointed it at K.J.’s stomach. K.J. had been out of her seat, and when she sat down, E.S. leaned across his desk and held the blade six to eight inches from her neck. When K.J. told him to “[g]et the knife out of my face,” he did so and put it in his pocket, but then pulled it out again and held it closer to her neck. Fearing E.S. would cut her, K.J. told him what she had said to the other student. K.J. did not tell the teacher, fearing E.S. would try to cut her, but did tell a cousin. The following day she also told another cousin, who told E.S. to apologize to K.J. E.S. walked away and one of her cousins chased him. Two days after the incident, K.J. met with Police Officer Gulian and wrote out a statement of what happened. The November 2013 incident occurred in the vicinity of the high school stadium. E.S. was either walking with or came up behind a fellow student, A.S. A.S. had briefly dated E.S. E.S. demanded to see a note A.S.’s friend had given to her about E.S., telling her if she did not, he would cut her. E.S., standing two to three feet away, pulled out a knife from his pants pocket, opened it, and pointed it at her stomach. A.S. snatched the