In re T.M. CA4/3

Filed 7/10/15 In re T.M. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 T.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G051492 Plaintiff and Respondent, (Super. Ct. No. DL048303) v. OPINION T.M.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Fred Slaughter, Judge. Affirmed. Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent. * * *

We appointed counsel to represent defendant on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on defendant’s behalf. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was given 30 days to file written argument in defendant’s own behalf. That period has passed, and we have received no communication from defendant. T.M., the minor, was born in 1998. Prior to the present incident, two other petitions had been filed against her. The present incident, which resulted in a third petition, occurred on August 22, 2014. Police were dispatched to El Modena High School because of a complaint by the high school staff that intoxicated juveniles refused to leave the school premises. The minor was sobbing and bleeding from her nose and mouth, and she had a large purple contusion on the left side of her face. The minor’s friend said the minor was drunk. The friend said that when the police arrived, the minor tried to get up and walk away, but she fell down face first onto the sidewalk. When police tried to question the minor, she responded with profanities. She had slurred speech, watery eyes, an odor of alcohol and was unable to walk under her own power. Paramedics took her to a hospital. Paramedics made a decision to release the minor to the care of the hospital because she was unable to care for herself. On November 14, 2014, a petition alleging violation of Penal Code section 647, subdivision (f), public intoxication “in a public place under the influence of an intoxicating liquor, a drug, toluene, a controlled substance, and a combination thereof,” was filed. Following trial, the juvenile court stated: “The court finds after consideration of all of the evidence in the matter that paragraph one as alleged in petition number three [violation of Penal Code section 647, subdivision (f)] is found to be true beyond a reasonable doubt.”