In re C.T. CA2/4

Filed 4/24/13 In re C.T. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

In re C.T., A Person Coming Under the Juvenile Court Law. B242029 THE PEOPLE, (Los Angeles County Super. Ct. No. JJ19703) Plaintiff and Respondent,

v.

C.T.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Catherine J. Pratt, Commissioner. Affirmed. Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

In the underlying proceeding, the juvenile court sustained a petition charging appellant C.T. with assault with a deadly weapon. Appellant’s court-appointed counsel has filed an opening brief raising no issues. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist, and affirm.

RELEVANT PROCEDURAL BACKGROUND On May 22, 2012, a petition was filed under Welfare and Institutions Code section 602, charging appellant, a minor born in 1995, with assault with a deadly weapon on Ricardo Lopez (Pen. Code, § 245, subd. (a)(1)). Accompanying the charge was an allegation that appellant inflicted great bodily injury on Lopez (Pen. Code, § 12022.7, subd. (a)). Following the presentation of evidence at the adjudication hearing, the juvenile court sustained the petition’s allegations regarding the offense charged, found the special allegation to be true, and determined the offense to be a felony. The juvenile court declared appellant to be a ward of the court and ordered him placed in his home on probation. This appeal followed.

FACTS A. Prosecution Evidence The prosecution’s key witnesses were Daniel T. and his uncle, Ricardo Lopez. Daniel testified that in May 2012, he lived close to appellant, who often gave him “dirty looks” as he went to school. At approximately 9:30 p.m. on May 18, 2012, Daniel was on his bicycle, going to visit Lopez. As Daniel neared Lopez’s house, he passed appellant, who said, “Fuck you. I’m going to take your bike.” Daniel stopped and used his cell phone to tell Lopez that appellant was