IN RE: CRISTINA S. (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Minor Cristina S. appeals from the order declaring her a ward of the court (Welf. & Inst.Code, § 602) by reason of her having violated Penal Code section 243.9, subdivision (a),¹ by committing the offense of battery by gassing.²  The trial court declared the offense to be a felony.   The juvenile court ordered minor to be suitably placed.

We appointed counsel to represent minor on this appeal.   After examination of the record, counsel filed an “Opening Brief” containing an acknowledgment that she had been unable to find any arguable issues.   On December 2, 2010, we advised minor that she had 30 days within which to personally submit any contentions or issues that she wished us to consider.   No response has been received to date.

At 1:20 a.m. on April 13, 2010, minor was detained for urinating in public and for a curfew violation.   She was taken to the North Hollywood police station.   Officer Juan Zelaya was waiting with minor, who was intoxicated, to speak to the watch commander.   Officer Zelaya was holding minor's right arm, and minor was handcuffed.   Minor became very agitated and turned to Officer Zelaya and spat on his left cheek.   She said, “Fuck you” and became belligerent.

The juvenile court denied minor's motion to dismiss at the close of the prosecutor's case.   In sustaining the allegation, the trial court found the officer did not use excessive force.   The juvenile court denied without prejudice minor's motion to reduce the offense to a misdemeanor.

We have examined the entire record and are satisfied that minor's attorney has fully complied with her responsibilities and that no arguable issues exist.   (People v. Wende (1979) 25 Cal.3d 436, 441.)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

FOOTNOTES

FOOTNOTE.  

FN1. All further references to statutes are to the Penal Code unless indicated otherwise..  FN1. All further references to statutes are to the Penal Code unless indicated otherwise.

FN2. Section 243.9 provides in pertinent part:  “(a) Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. [¶] (b) For purposes of this section, ‘gassing’ means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person's skin or membranes.”.  FN2. Section 243.9 provides in pertinent part:  “(a) Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. [¶] (b) For purposes of this section, ‘gassing’ means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person's skin or membranes.”

THE COURT: * FN*.  BOREN, P. J., ASHMANN–GERST, J., CHAVEZ, J.