In re R.G. CA5

Filed 9/14/20 In re R.G. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re R.G., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F081042

Plaintiff and Respondent, (Super. Ct. No. JW138848-01)

v. OPINION R.G.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Lorna H. Brumfield, Judge. Roshni Mehta, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Snauffer, J. and DeSantos, J.

Minor R.G. appeals from the findings and orders made at the April 8, 2020 dispositional hearing on a Welfare and Institutions Code1 section 602 petition. Appointed counsel for minor asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Minor was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from minor. Finding no arguable error that would result in a disposition more favorable to minor, we affirm. BACKGROUND On November 5, 2018, the Kern County District Attorney filed a section 602 petition, alleging minor used unlawful force or violence on another person, a misdemeanor violation of Penal Code section 243, subdivision (a). The petition arose after minor’s nine-year-old brother arrived at school with marks on his body and reported that minor, who was then 11 years old, choked and beat him, then threatened to kill him. 2 The petition was dismissed without prejudice the next day. On January 17, 2020, the Kern County District Attorney filed the section 602 petition at issue in this appeal, alleging in a single count that minor falsely represented himself as another person to a police officer, a misdemeanor violation of Penal Code section 148.9, subdivision (a). The petition arose out of a November 2, 2019 incident, in which Delano Police Department officers stopped a vehicle with tinted windows and therein contacted four individuals, including minor.3 Minor initially identified himself by a false name but, upon further questioning, gave his real name and was identified as a