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In re Michael M.

California Court of Appeals, Fourth District, Second Division
Mar 10, 2008
No. E044042 (Cal. Ct. App. Mar. 10, 2008)

Opinion


In re MICHAEL M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. MICHAEL M., Defendant and Appellant. E044042 California Court of Appeal, Fourth District, Second Division March 10, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from the Superior Court of San Bernardino County. Douglas N. Gericke, Judge, Super.Ct.No. J204068

Kazoua Cha, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RAMIREZ, P.J.

Statement of the Case

On July 24, 2007, a juvenile wardship petition was filed by the District Attorney of San Bernardino County which alleged that the minor violated his grant of probation. Count one alleged that the minor failed to report to his probation officer in violation of term three of his probation, and count two alleged he possessed gang paraphernalia in violation of term thirty-seven of his probation. The minor was previously declared a ward of the juvenile court after admitting to two violations of law. On September 30, 2005, the minor, represented by counsel, admitted a misdemeanor violation of Penal Code section 626.10, subdivision (a), possession of a locking blade knife upon school grounds. On October 31, 2005, the juvenile court declared the minor a ward of the court and placed him on formal probation with certain probation terms.

On February 10, 2006, the minor, represented by counsel, admitted a misdemeanor violation of Penal Code section 459, entry into a commercial building with the intent to commit a larceny or felony. On February 28, 2006, the minor was continued a ward of the court.

On August 20, 2007, the juvenile court sustained a violation of term three against the minor for failure to report to his probation officer and found not true the violation of term thirty-seven for possession of gang paraphernalia. On September 4, 2007, the minor was continued a ward of the court and released to the custody of his grandparents.

The minor filed timely notice of appeal.

Statement of Facts

A term of the minor’s probation after he was declared a ward of the court was to “report to his probation officer at once or immediately upon release from custody and every fourteen days thereafter or as otherwise directed by the probation officer.” On July 20, 2007, at approximately 1:30 p.m. the minor’s assigned probation officer contacted the minor to schedule a meeting for that day. The minor suggested a meeting at approximately 4:00 p.m. to which the assigned probation officer agreed.

However, at approximately 4:00 p.m., the minor failed to appear for the scheduled meeting. No call was made regarding why the minor did not appear. The probation officer called the minor’s home but no one answered the phone.

According to the minor’s mother, after the phone call with the probation officer, the minor and his mother left for a pool party across town. She stated that she intended to take the minor to the meeting, but when they left the party it was already after 4:00 p.m. When they arrived for the meeting, the office was closed. However, the mother was able to speak with the receptionist.

The minor appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the minor an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

Disposition

The judgment is affirmed.

We concur: KING, J., MILLER, J.


Summaries of

In re Michael M.

California Court of Appeals, Fourth District, Second Division
Mar 10, 2008
No. E044042 (Cal. Ct. App. Mar. 10, 2008)
Case details for

In re Michael M.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MICHAEL M., Defendant and…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Mar 10, 2008

Citations

No. E044042 (Cal. Ct. App. Mar. 10, 2008)