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People v. A.L. (In re A.L.)

California Court of Appeals, Fifth District
Jun 13, 2023
No. F085314 (Cal. Ct. App. Jun. 13, 2023)

Opinion

F085314

06-13-2023

In re A.L., a Person Coming Under the Juvenile Court Law. v. A.L., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,

R. Chris Lim, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.


NOT TO BE PUBLISHED

APPEAL from orders of the Superior Court of Tulare County No. JJD073456. John P. Bianco, Judge.

R. Chris Lim, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

OPINION

THE COURT[*]

Appointed counsel for minor A.L. asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Minor was advised of her right to file a supplemental brief within 30 days of the date of filing of the opening brief. Minor did not respond. Finding no arguable error that would result in a disposition more favorable to minor, we affirm.

BACKGROUND

On October 7, 2019, 14-year-old minor stole her mother's vehicle and committed a hit and run.

On May 4, 2020, a juvenile petition was filed pursuant to Welfare and Institutions Code section 602 alleging minor committed driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a); count 1), receiving a stolen vehicle (Pen. Code, § 496d, subd. (a); count 2), fleeing a peace officer's vehicle while driving recklessly (Veh. Code, § 2800.2; count 3), hit and run driving (Veh. Code, § 20002, subd. (a); count 4), misdemeanor resisting an officer (§ 148, subd. (a)(1); count 5), misdemeanor petty theft (§ 484, subd. (a); count 6), and misdemeanor resisting an officer (§ 148, subd. (a)(1); count 7).

All statutory references are to the Penal Code unless otherwise noted.

On June 17, 2020, minor, now 15 years old, and another female entered a vehicle and used a rock to produce two scratches on the passenger side window.

On July 21, 2020, minor admitted the allegations of the May 4, 2020 petition. The juvenile court granted minor deferred entry of judgment (DEJ).

On April 13, 2021, another juvenile petition was filed pursuant to Welfare and Institutions Code section 602 regarding the June 17, 2020 incident. The petition alleged minor committed misdemeanor vandalism of property under $400 in value (§ 594, subd. (a); count 1).

On June 11, 2021, the probation officer filed a notice of noncompliance with DEJ because minor had tested positive for marijuana and cocaine and had ignored orders to report for testing. The officer recommended rescinding minor's DEJ.

On June 30, 2021, at a DEJ noncompliance hearing, the juvenile court ordered that minor would remain on DEJ. Then, on January 21, 2022, the court again granted minor another opportunity to successfully complete the DEJ program.

On July 30, 2021, the case was transferred to Tulare County from Kings County.

On April 14, 2022, the juvenile court found minor in partial compliance with the DEJ program. But, on October 6, 2022, minor's urine sample tested positive for marijuana. Further, she had completed only a fraction of her school credits and her community service.

On October 20, 2022, minor failed to appear at her DEJ review hearing, then failed to appear again at the continued hearing on November 3, 2022. The juvenile court issued a bench warrant. On November 15, 2022, the court adjudicated minor a ward of the court and placed her on probation.

On November 18, 2022, minor filed a notice of appeal.

DISCUSSION

Having undertaken an examination of the entire record, we find no evidence of any arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The juvenile court's findings and orders are affirmed.

[*] Before Detjen, Acting P. J., Peña, J. and Snauffer, J.


Summaries of

People v. A.L. (In re A.L.)

California Court of Appeals, Fifth District
Jun 13, 2023
No. F085314 (Cal. Ct. App. Jun. 13, 2023)
Case details for

People v. A.L. (In re A.L.)

Case Details

Full title:In re A.L., a Person Coming Under the Juvenile Court Law. v. A.L.…

Court:California Court of Appeals, Fifth District

Date published: Jun 13, 2023

Citations

No. F085314 (Cal. Ct. App. Jun. 13, 2023)