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IN RE Q.P., F072755. (2016)

Court: Court of Appeals of California Number: incaco20160621076 Visitors: 19
Filed: Jun. 21, 2016
Latest Update: Jun. 21, 2016
Summary: NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. OPINION THE COURT * The court continued appellant Q.P. a ward of the court after he admitted allegations charging him with assault by means of force
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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

THE COURT*

The court continued appellant Q.P. a ward of the court after he admitted allegations charging him with assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a))1 and misdemeanor vandalism (§ 594, subd. (a)(2)). Following independent review of the record pursuant to People v. Wende (1975) 25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On February 6, 2015, appellant and another juvenile shot a BB gun at the apartment where Benjamin Bowerman lived. Bowerman and his brother, Jeffrey Bowerman (Jeffrey), went looking for the culprits and encountered appellant and another juvenile, Jonathan R. When the Bowermans attempted to detain them, an altercation ensued during which Bowerman fell onto appellant. Appellant then shot Bowerman in the chin with a BB gun. As appellant and his companion fled, he continued to shoot at Bowerman and his companion shot at Jeffrey, striking him several times. Appellant was arrested at his home later that day.

On February 10, 2015, the district attorney filed a petition charging appellant with assault by means of force likely to cause great bodily injury (count I) and vandalism (count II).

On February 10, 2015, the court found that appellant was not eligible for deferred entry of judgment.

On June 5, 2015, appellant admitted the petition's allegations.

On August 31, 2015, the court aggregated time for a prior petition, set appellant's maximum term of confinement at 56 months and committed him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice.

Appellant's appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Appellant has not responded to this court's invitation to submit additional briefing.

Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.

FootNotes


* Before Kane, Acting P.J., Detjen, J. and Smith, J.
1. All further statutory references are to the Penal Code unless otherwise indicated.
Source:  Leagle

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