In re Elijah A. CA2/8

DISCUSSION

We appointed counsel to represent Elijah on appeal. Counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, setting forth the procedural and factual history of the case and requesting that we review the entire record on appeal for arguable issues. Our court notified Elijah by letter that he could submit any claims or arguments which she wished our court to consider. Elijah did not respond. We have independently reviewed the record on appeal, and are satisfied that appointed counsel fulfilled his duty, and that no arguable issues exist. (See People v. Wende, supra, 25 Cal.3d 436, People v. Kelly (2006) 40 Cal.4th 106.) “A battery is any willful and unlawful use of force or violence upon the person of another.” (Pen. Code, § 242.) The statutory language is interpreted to require a “touching.” (See, e.g., People v. Mansfield (1988) 200 Cal.App.3d 82, 87-88.) The “least touching” may constitute a battery; it need not be severe, nor cause bodily injury or pain or leave a mark; a defendant need not intend to injure, but only have the intent to commit the act. (Ibid.) The record supports the juvenile court’s finding that Elijah unlawfully touched a…