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In Re E.T., A Person Coming Under the Juvenile Court Law. v. E.T

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO


December 6, 2010

IN RE E.T., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
E.T., DEFENDANT AND APPELLANT.

APPEAL from the Superior Court of Riverside County. (Super.Ct.No. INJ021098) Samuel Diaz, Jr., and Charles Everett Stafford, Jr., Judges.

The opinion of the court was delivered by: Hollenhorst J.

In re E.T. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

Affirmed.

Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A Welfare and Institutions Code section 602 petition was filed December 4, 2009, alleging that defendant and appellant E.T. (minor) committed an assault with a deadly weapon, a felony (Pen. Code, § 245, subd. (a)(1)), and battery inflicting serious bodily injury, a felony (Pen. Code, § 243, subd. (d)). On December 10, 2009, the assault allegation was reduced to a misdemeanor, and minor admitted both allegations. Minor filed a motion to compel discovery on March 4, 2010, which was denied on May 6, 2010. On July 9, 2010, the juvenile court declared minor a ward of the court and placed him on probation, in the custody of his mother.

Minor filed a notice of appeal on July 14, 2010, challenging the denial of his motion to compel discovery and the order adjudging him a ward of the court. We affirm.

FACTUAL BACKGROUND

The following facts are taken from the probation officer's report: On the night of December 2, 2009, minor entered the victims' residence through the garage using a code given to him by the victims. The victims were in the master bedroom, getting ready for bed. Minor walked to the bedroom and stood in the doorway until the victims noticed him. Minor began yelling at the female victim to get out of the bedroom. Minor struck the female victim in the left eye and pushed her to the ground. Minor then hit the male victim in the face with his fist, knocked him to the ground, and kicked him. Minor ordered the female victim to get her car keys. She complied and left the residence with minor, against her will. Minor drove the car from the residence, with the female victim in the passenger seat, until police initiated a traffic stop, and took minor into custody.

Minor admitted going to the victims' residence, and said the female victim told him "he was always welcome." He said he went to the residence because the female victim had not returned any of his telephone calls.

Subsequently, it was alleged that the female victim was having a sexual relationship with minor, and she was arrested and charged with committing lewd acts with minor. (Pen. Code, § 288.)

DISCUSSION

Minor appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case and two potential arguable issues, including: 1) whether the juvenile court erred in denying minor's motion to compel discovery of reports and recordings pertaining to the ongoing investigation of the female victim's alleged lewd acts with minor; and 2) whether the juvenile court erred in denying his request for deferred entry of judgment. Counsel has also requested this court review of the entire record.

We offered minor an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

We concur:

RAMIREZ P. J.

McKINSTER J.

20101206

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