Opinion
NOT TO BE PUBLISHED.
APPEAL from orders of the Superior Court No. JJ17292 of Los Angeles County. Steven Klaif, Juvenile Court Referee.
Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.
BIGELOW, P. J.
We affirm the juvenile court’s orders finding that Jesus J. had committed the crime of felony vandalism (Pen. Code, § 594, subd. (b)(1)), and then reducing the offense to a misdemeanor (Pen. Code, § 594, subd. (b)(2)), and placing Jesus on probation for six months. (See Welf. & Inst. Code, §§ 602, 725, subd. (a).) We affirm the juvenile court’s orders.
FACTS
On May 7, 2009, Los Angeles County Deputy Sheriff Nicholas Vallozzi went to Edison Middle School to speak with school officials to see whether they had information about tagging crews in the area, and any graffiti incidents at the school. Greg Shepherd, the dean of discipline, advised Deputy Vallozzi that Jesus belonged to the “MIK” tagging crew, and that he went by the moniker “Basic.”
When the prosecutor asked Deputy Vallozi at trial about what Shepherd had said, Jesus’s counsel interposed a hearsay objection, and the juvenile court sustained the objection; at that point, the prosecutor stated that the evidence was “not being offered for the truth” of the matter asserted, and the court overruled the objection. Apart from Jesus’s subsequent confession (post), there was no direct evidence showing that Jesus was involved in the MIK tagging crew, or that his moniker was Basic.
On May 26, 2009, Deputy Vallozzi investigated a report of graffiti vandalism at a community boxing center run by the Sheriffs’ Department’s Century Station near McGee Street. When he arrived at the scene, Deputy Vallozzi observed painted graffiti lettering “MIK, ” “SCMIKLS, ” “62er” and “MIKLS” at the rear of the building and in a nearby alley. On June 26, 2009, Deputy Vallozzi conducted a search using a computer program set up by the County’s Department of Public Works to record incidents of graffiti which the department had cleaned up. Deputy Vallozzi found more than 60 incidents involving “MIK 62er” graffiti similar to the graffiti that he had observed at the boxing center.
On July 15, 2009, Deputy Vallozzi and Deputy Anthony Lopez executed a search warrant at a residence on Walnut Drive where Deputy Vallozzi “believed” that Jesus was living. On entering the residence, Deputy Vallozzi saw that it appeared no one lived on the premises, but, in the course of an ensuing search, he did find various items with “MIK, ” “Basic, ” and “62” written on them, along with a backpack with Jesus’s name, and a letter addressed to Jesus from his school. Later on July 15, 2009, Deputies Vallozzi and Lopez took Jesus into custody at his aunt’s residence. When taken into custody, Jesus did not ask any family member to come with him, and no family member volunteered to go with him. When Deputy Vallozzi directly asked Jesus whether he wanted a parent to go with him, Jesus answered no. Deputy Vallozi knew that Jesus was 13 years old.
While transporting Jesus to the Century Station in his police car, Deputy Lopez read a Miranda rights card to Jesus, and then spoke to Jesus for the express purpose of developing information related to the requirements established in In re Gladys R. (1980) 1 Cal.3d 855. Jesus stated that he knew the difference between right and wrong, explaining that he knew it was wrong to rob or shoot people, and that he knew tagging was wrong, and that he knew “helping people” was an example of something right. After he arrived at the Century Station, Jesus signed a Miranda admonition form, and agreed to talk to Deputy Vallozi. Jesus admitted that he belonged to the MIK tagging crew, and that his moniker was Basic, and that he had painted all of the graffiti near the boxing center. Jesus stated that he had painted the graffiti to “disrespect” some of the kids who used the center and who he “didn’t get along with, ” and that he did it “so that ‘LNO’ and ‘SOS’ could see it.”
Miranda v. Arizona (1966) 384 U.S. 436.
In In re Gladys R., supra, 1 Cal.3d 855, the Supreme Court ruled that a minor who was younger than 14 years old could not be subjected to a juvenile criminal proceeding unless he or she understood the difference between right and wrong.
On July 17, 2009, the People filed a petition (Welf. & Inst. Code, § 602) alleging that Jesus had committed the offense of felony vandalism. At hearings in October and November 2009, the People presented evidence establishing the facts summarized above. Additional evidence established that the cost to cover Jesus’s graffiti amounted to $837.24.
On November 17, 2009, the juvenile court found that the requirements prescribed in In re Gladys R., supra, 1 Cal.3d 855 had been satisfied, and found that Jesus committed the felony vandalism offense alleged in the petition. The court then agreed to “cut [Jesus] a break, ” and reduced the offense to a misdemeanor, and placed Jesus on probation for six months.
Jesus filed a timely notice of appeal.
DISCUSSION
As noted above, the juvenile court found that Jesus had committed the offense of felony vandalism, reduced the offense to a misdemeanor, and placed Jesus on probation for six months. Jesus thereafter filed a timely notice of appeal.
We appointed counsel to represent Jesus on appeal. On June 29, 2010, Jesus’s appointed counsel filed an opening brief raising no issues. On June 30, 2010, our court notified Jesus by letter that he could submit any ground of appeal, argument or contention which she wished us consider on appeal. Jesus has not filed a response.
We have independently reviewed the record submitted for this appeal, and are satisfied that Jesus’s appointed counsel has fulfilled his duty, and that no arguable issues exist. (See People v. Wende (1979) 25 Cal.3d 436; People v. Kelly (2006) 40 Cal.4th 106.)
DISPOSITION
The orders are affirmed.
We concur: FLIER, J., GRIMES, J.