In re L v. CA3

Filed 9/21/15 In re L.V. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re L.V., a Person Coming Under the Juvenile Court C077199 Law.

THE PEOPLE, (Super. Ct. No. JV135094)

Plaintiff and Respondent,

v.

L.V.,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 and In re Kevin S. (2003) 113 Cal.App.4th 97, 99. Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

FACTUAL AND PROCEDURAL HISTORY In May 2013, the prosecution filed a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) as to the 12-year-old minor, charging him with making criminal threats (count 1; Pen. Code, § 422)1; assault by means of force likely to produce great bodily injury (count 2; § 245, subd. (a)(4)); lewd and lascivious act upon a child under 14 (count 3; § 288, subd. (a)); possession of marijuana for sale (count 4; Health & Saf. Code, § 11359); and possession of marijuana on school grounds (count 5; Health & Saf. Code, § 11357, subd. (e)). In October 2013, the minor admitted committing felony sexual battery (§ 243.4, subd. (a)), a reasonably related offense to the charge in count 3, on the understanding that counts 1, 2, 4, and 5 would be dismissed in the interest of justice at the time of disposition. Counsel stipulated, and the juvenile court found, that section 26 was satisfied. The stipulated factual basis for the minor’s admission was that on or about May 2, 2013, while school was in session, the minor threatened the victim after he had tried to sell her marijuana; during the ensuing physical struggle, the minor wrapped his arms around the victim’s body, rubbed his hands down her body, and squeezed her breast. In January 2014, the juvenile court adjudged the minor a ward of the court and committed him to 29 days in juvenile hall, 139 days on electronic monitoring, and 14 days on home supervision; however, the minor received full credit for time served as to all three. The court placed the minor on probation with various conditions, including 35 hours of juvenile community service to be completed within seven months. In June 2014, the prosecution filed a second amended juvenile wardship petition, accusing the minor of robbery of Tyson E. (count 1; § 211); assault with a deadly