Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County No. JW109096-08 Jon E. Stubbe, Judge.
Catherine Campbell, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Wiseman, Acting P.J., Gomes, J., and Dawson, J.
It was alleged in a juvenile wardship petition (Welf. & Inst. Code, § 602) filed May 24, 2007, in Tulare County Superior Court case No. JJD058703, that appellant T.S., a minor, committed grand theft (Pen. Code, § 487, subd. (a); count 1), second degree burglary (Pen. Code, §§ 459, 460, subd. (b); count 2), and petty theft (Pen. Code, § 484, subd. (a); count 3). On July 10, 2007, appellant’s counsel declared a doubt as to appellant’s competency, and the court suspended proceedings pending further order of the court and appointed Dr. Elisabeth Gates to examine appellant to determine appellant’s competency.
Subsequently, two additional counts of petty theft (Pen. Code, § 484, subd. (a); counts 4 & 5) were added by, respectively, a first amended petition, filed August 1, 2007, and a second amended petition, filed August 7, 2007.
On May 30, 2008, the court indicated it was in receipt of a report from Dr. Gates, which indicated appellant was competent to participate in juvenile court proceedings, and reinstated wardship proceedings. On June 13, appellant admitted counts 1 and 2, and the court dismissed the remaining counts; declared count 1 to be a felony and count 3 to be a misdemeanor; transferred the matter to Kern County, pending confirmation that appellant resided in Kern County; and transferred appellant to custody in Kern County.
Except as otherwise indicated, all further references to dates of events are to dates in 2008.
The record indicates appellant’s mother informed the court that she and appellant lived in McFarland.
On June 24, in Kern County Superior Court case No. JW109096-08, the juvenile court found that Kern County was appellant’s legal residence, accepted transfer of appellant’s case, and conducted a disposition hearing. At that hearing, the court found the count 1 offense to be a felony; continued appellant on probation; declared his available confinement time to be three years two months, less 28 days credit for time served; and ordered that appellant serve 30 days in juvenile hall.
Appellant was initially adjudged a ward of the juvenile court and placed on probation on July 24, 2006, in Kern County Superior Court case No. JW109096-02, based on his admission that he committed a single count of petty theft (Pen. Code, § 488). In February 2008, in Kern County Superior Court case No. JW109096-06, appellant was readjudged a ward of the court and continued on probation, based on his admission that he committed misdemeanor aggravated assault (Pen. Code, § 245, subd. (a)(1)).
On August 11, appellant appealed from the June 24 disposition.
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
FACTS
A June 23 Kern County Probation Department “Transfer-In Memo” states as follows: “On February 17, 2007, ... then 13-year-old [appellant] took a cellular phone from a Cingular Wireless store in Tulare County. On March 27, 2007, the minor removed merchandise from a Target store in Tulare County.”
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.