In re Antonio P. CA4/1

Filed 10/6/22 In re Antonio P. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re ANTONIO P., a Person Coming Under the Juvenile Court Law. D080297 THE PEOPLE,

Plaintiff and Respondent, (Super. Ct. No. JCM243789)

v.

ANTONIO P.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Richard R. Monroy, Judge. Affirmed. Jennevee H. de Guzman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Following an adjudication hearing, the juvenile court found true allegations that Antonio P. (the Minor) committed lewd and lascivious

conduct on a child under age 14 (Pen. Code,1 § 288, subd. (a)) and also committed false imprisonment (§ 236). The Minor was declared a ward of the court, subject to various conditions. The Minor filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered the Minor the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS Appellate counsel has included a summary of the evidence admitted in the juvenile court. We will incorporate the statement here for background information. “A. Prosecution Evidence “B.G. lived at her grandmother’s house in San Diego County together with her mother. The house was a single-family home, but modified into a duplex-style configuration. [The Minor], B.G.’s cousin, lived in a different house on the same property. “In October of 2020, while five-year-old B.G. was at her home, [the Minor] asked her to go to the bathroom with him. They went to the bathroom and [the Minor] locked the door. [The Minor] lied down on the bathroom floor, removed his shorts and exposed his penis. [The Minor] rubbed his penis on B.G.’s vagina. [The Minor] then moved B.G. to the sink area and asked her to look up. B.G. continued to look down, but saw [the Minor]’s penis. B.G. was unable to leave the bathroom because [the Minor] was in her way. Eventually, both B.G. and [the Minor] got dressed. [The Minor] then