IN RE: Gregory H.

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Court of Appeal, Second District, California.

IN RE: Gregory H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. Gregory H., Defendant and Appellant.

B217547

Decided: March 03, 2010

Sarvenaz Bahar, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

The juvenile court sustained a one-count petition alleging the minor Gregory H. had resisted, obstructed, and delayed a peace officer within the meaning of Penal Code section 148, subdivision (a)(1), a misdemeanor.

According to the evidence at the jurisdiction hearing, on the night of January 10, 2009, between 50 and 100 police officers from various departments were called to the scene of a large melee occurring in front of a movie theater inside a shopping mall.   Uniformed officer Jimmy Sola positioned himself at the top of the escalator outside the movie theater to ensure that no one attempted to enter the theater.   As people came up the escalator to reach the theater, Sola and other officers directed them to take the escalator back down to the floor below, where they would leave the mall.   The minor rode the escalator up to the movie theater, but twice refused to return to the floor below, each time telling Sola that he was waiting for a friend.   The third time the minor refused, he also challenged Sola, who decided to arrest him.   When Sola attempted to take the minor into custody, the minor backed away and attempted to flee.   Sola managed to grab the minor's shirt, which came off as the minor turned to run down the escalator.   With the assistance of other officers, Sola was able to physically restrain the minor, who was yelling and kicking.

The minor testified that after telling Officer Sola he was looking for a friend outside the theater, he met his friend and began to ride the escalator down to the floor below.   Suddenly, Sola grabbed the minor from behind, pushed him face down on the escalator and handcuffed him.   The minor denied refusing to return to the floor below, challenging the officer, or yelling and kicking when he was taken into custody.   He also claimed the officer beat him up at the police station, and his mother photographed his injuries.

The juvenile court sustained the petition, finding the minor's testimony was not credible.   At the disposition hearing, the minor was declared a ward of the court (Welf. & Inst.Code, § 602) and ordered home on probation.

We appointed counsel to represent the minor appeal.   After examination of the record counsel filed an opening brief in which no issues were raised.   On December 7, 2009, we advised the minor he had 30 days within which to personally submit any contentions or issues he wished us to consider.   No response has been received to date.

We have examined the entire record and are satisfied the minor's attorney has fully complied with the responsibilities of counsel and no arguable issues exist.  (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756];  People v. Kelly (2006) 40 Cal.4th 106;  People v. Wende (1979) 25 Cal.3d 436, 441.)

The order is affirmed.

We concur:

PERLUSS, P. J. JACKSON, J.