In re Alex S. CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. J231172
- Trial judge
- Carlos Armour
- Outcome
- affirmed — Affirmed.
- Area
- delinquency
- Panel
- O'Rourke (author), McINTYRE, Cynthia Aaron
Analysis
The juvenile court adjudicated the minor a dependent under the Juvenile Court Law for battery and imposed probation, fines, fees, and restitution. The Court of Appeal affirmed the judgment after conducting an independent review of the record pursuant to People v. Wende and finding no reasonably arguable issues.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Adjudication of battery (Penal Code section 242) and imposition of probation, fines, fees, and restitution“A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues.” | de novo | not reached | agree with court The court did not explicitly state a standard of review for the underlying trial court rulings because it was conducting a Wende review. In a Wende review, the appellate court independently reviews the record to determine if there are any reasonably arguable issues. Since the court found no such issues, it did not need to apply a specific standard of review (such as substantial evidence or abuse of discretion) to the trial court's specific findings. The court effectively affirmed the trial court's judgment by finding no error in the record. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appointed appellate counsel to conduct an independent review of the record to identify any reasonably arguable issues when counsel finds no arguable issues.
- relied: Anders v. California (1967) 386 U.S. 738 — Establishes the procedure for appointed counsel to file a brief identifying possible but not arguable issues and requesting the court to review the record.
The appellate opinion: sound — The opinion is procedurally sound as it correctly follows the Wende/Anders protocol for appointed counsel appeals. It accurately states that the court reviewed the record and found no reasonably arguable issues, which is the proper basis for affirming in such cases.
How this analysis was made · dispute it
unusual dispositionThe juvenile court found true beyond a reasonable doubt a Penal Code section 242 battery allegation against the minor Alex S., based on her aunt's testimony that the minor pushed her to the floor and stabbed her palm with a knife, and placed the minor on probation. On appeal, appointed counsel filed a Wende/Anders brief identifying sufficiency of the evidence, validity of probation conditions, and fines/fees/restitution as possible issues; the minor filed no supplemental brief, and the Court of Appeal independently reviewed the record, found no reasonably arguable issues, and affirmed.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
True finding on the Penal Code section 242 battery allegation (sufficiency of the evidence)“Following an adjudication hearing the court found the allegations in the petition to be true beyond a reasonable doubt.” | substantial evidence | correct | agree with court The aunt testified the minor pushed her to the floor and stabbed her palm with a knife, requiring a hospital visit and X-ray; the minor's contrary testimony created a credibility conflict for the trier of fact. A single credible witness supplies substantial evidence, so the sufficiency challenge is not arguable, and the court's Wende conclusion is consistent with that. |
Imposition of probation conditions on the minor“(2) whether all of the probation conditions imposed on the minor were valid” | unclear | correct | unsure The opinion does not describe the probation conditions, so there is nothing in the opinion from which to independently assess them; the court states it reviewed the record including this issue and found nothing arguable. Without the conditions' text, I cannot identify any specific error, but I also cannot confirm the conclusion. |
Assessment of fines, fees, and restitution“(3) whether the fines, fees, and restitution were properly assessed” | unclear | correct | unsure The opinion gives no detail about the amounts or statutory bases of the fines, fees, or restitution, so the only basis for the result is the court's statement that its Wende review disclosed no arguable issue. There is no identifiable legal error, but the record quoted is too thin to confirm the ruling. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed appellate counsel finds no arguable issues, the Court of Appeal must independently review the entire record to determine whether any arguable issue exists.
- relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal wholly frivolous may so advise the court and request to withdraw, but must file a brief referring to anything in the record that might arguably support the appeal.
The appellate opinion: sound — The opinion follows the standard Wende/Anders procedure: it summarizes the facts and proceedings, lists counsel's possible issues, notes the minor was offered and declined the chance to file her own brief, and states the court independently reviewed the record. It does not cite authority confirming Wende review applies in delinquency appeals or explain why the probation conditions and fines present no arguable issue, but that level of detail is not required for a no-issue Wende affirmance.
How this analysis was made · dispute it
record incompleteOpinion
Filed 3/8/13 In re Alex S. 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 ALEX S., a Person Coming Under the Juvenile Court Law. D062089 THE PEOPLE, Plaintiff and Respondent, (Super. Ct. No. J231172)
v. ALEX S., Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Carlos Armour, Judge. Affirmed.
A petition was filed in the juvenile court accusing Alex S. (the minor) of battery in violation of Penal Code section 242. Following an adjudication hearing the court found the allegations in the petition to be true beyond a reasonable doubt. The minor was placed on probation. FACTS Janet J., the minor's aunt, testified that the minor had been staying with her. For approximately a week and a half, the minor had not returned home, but on February 8, 2012, the minor returned home and Janet J. tried to stop her from leaving with some bags.
An altercation ensued, during which the minor pushed Janet J. to the floor and stabbed her left palm with a knife. Janet J. went to the hospital and required an X-ray. The minor testified that Janet J. pushed her to the ground to prevent her from leaving, and Janet J.
grabbed a knife and used it to cut the bags. The minor denied stabbing her aunt with the knife.
DISCUSSION
Appointed counsel has filed a brief summarizing the facts and proceedings below.
Counsel presents no argument for reversal, but asks this court to review the record as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues: (1) whether there was sufficient evidence to support the finding on the battery charge; (2) whether all of the probation conditions imposed on the minor were valid; and (3) whether the fines, fees, and restitution were properly assessed.
We granted the minor permission to file a brief on her own behalf. She has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by 2 appellate counsel, has disclosed no reasonably arguable appellate issues. The minor has been adequately represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
O'ROURKE, J.
WE CONCUR:
McINTYRE, Acting P. J.
AARON, J.
Cites, in this corpus
- People v. Wende Crim. 20851 · 1979-10-12