In re David B. CA4/3

Filed 1/22/15 In re David B. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

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

THE PEOPLE,

Plaintiff and Respondent, G050094

v. (Super. Ct. No. DL048481)

DAVID B., OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lewis W. Clapp, Judge. Affirmed. Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

Minor David B. (born December 2000) filed a notice of appeal after the juvenile court declared him a ward of the court. His appointed counsel filed a brief summarizing the case, but advised this court he found no issues to support an appeal. We gave minor 30 days to file a written brief on his own behalf, but he has not responded. After conducting an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm. FACTS In September 2013, the Orange County District Attorney filed a juvenile court petition (Welf. & Inst. Code, § 602) alleging 12-year-old David B. committed three violations of lewd acts on a child under age 14 (Pen. Code, § 288, subd. (b) [forcible; count 1], § 288, subd. (a) [nonforcible; counts 2 and 3]; all statutory citations are to the Penal Code unless noted) and one misdemeanor count of dissuading a witness (§ 136.1; count 4) between January and July 2013. At the detention hearing, the juvenile court ordered minor released to his mother’s custody. The court issued an order restraining him from contact with his five-year-old half sister I.S. Six-year-old I.S. testified at the jurisdiction hearing she lived with the children’s father and I.S.’s stepmother. Minor, I.S.’s brother, lived with his mother, but visited his father three weekends a month. I.S. described playing a “popsicle game” in her room with minor. She kneeled on the carpet and he sat on her lower bunk bed. He told her to close her eyes, she opened her mouth, and he put “part of his skin” in her mouth and he said “not to bite.” She thought his shorts or pants were unbuttoned, but later said she did not recall this. She also recalled an incident where he pulled down her pants and underwear and “maybe” touched her “peepers” (private parts) with his fingers. She asked “can you stop,” but he kept doing it. Minor told her not to tell their father about either the popsicle game or the other incident. She told her father about the popsicle game.