In re G.M. CA5

Filed 1/13/21 In re G.M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 G.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F081013

Plaintiff and Respondent, (Super. Ct. No. JVDL-18-000075)

v. OPINION G.M.,

Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Stanislaus County. Rubén A. Villalobos, Judge. Suzanne M. Morris, 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., Smith, J. and Snauffer, J.

Appellant G.M. appeals from the juvenile court’s jurisdictional order sustaining the allegations of a Welfare and Institutions Code section 602 petition and from the dispositional order.1 G.M.’s appointed counsel 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.) G.M. 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 G.M. Finding no arguable error that would result in a disposition more favorable to G.M., we affirm. We provide the following brief description of the facts and procedural history of the case.2 (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On August 9, 2019, Modesto Police responded to a report of a battery on a transient man at a gas station. Officers arrived and found the injured victim, R.J., who reported he was hit and kicked repeatedly by “some Nortenos and Surenos.” R.J. said his assailants accused him of insulting one of their girlfriends. R.J. had injuries to his shoulder, tire marks across his chest, fractured ribs, fractured vertebrae, a fractured cheek, a laceration on his back that required surgery, and a collapsed lung. He had surgery and spent an unspecified length of time in the hospital’s intensive care unit. Gas station surveillance video showed three cars arrive in succession at the station where R.J. was searching through trash cans. Several young males exited the cars and began to hit and kick R.J. After R.J. appeared to become unconscious, one of the minors stomped on his head. The assailants left the scene as a fourth vehicle arrived and ran over R.J.’s body and dragged him several feet. The fourth vehicle fled in the direction of the other cars.