Opinion
E072801
11-25-2019
In re A.Y., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.Y., Defendant and Appellant.
Jenny M. Brandt, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. J-267522) OPINION APPEAL from the Superior Court of San Bernardino County. Winston S. Keh, Judge. Affirmed. Jenny M. Brandt, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
I
INTRODUCTION
Defendant and appellant A.Y. (minor) has a history of defiant and criminal behavior, resulting in his placement in a group home. Following his most recent offense, the juvenile court denied minor's motion to have his unlawful driving of a vehicle (Veh. Code, § 10851, subd. (a)) offense reduced to a misdemeanor. The juvenile court also denied minor's motion to seal his records. Minor subsequently appealed. Based on our independent review of the record, we find no error and affirm the judgment.
II
FACTUAL AND PROCEDURAL BACKGROUND
The factual background is taken from the probation officer's reports.
A. General Background
Minor is currently 18 years old. Minor's mother passed away from cancer in October 2013 when minor was 12 years old, and his father's whereabouts were unknown. After his mother's death, minor went to live with his maternal cousin. Minor resided with his maternal cousin and his family from October 2013 to February 2015. During that time, minor's maternal cousin reported that minor was well behaved, attended school, was always respectful, and showed no violent tendencies. Minor's maternal cousin also reported that minor was a straight "A" student.
Minor was removed from his maternal cousin's home in 2015 after allegations he had sexually abused his young cousin. An investigation was launched but no charges were filed. Minor was thereafter declared a dependent of the juvenile court pursuant to Welfare and Institutions Code section 300 and placed in a group home.
All future statutory references are to the Welfare and Institutions Code unless otherwise stated.
Minor suffers from depression, has a history of cutting himself, and is addicted to pornography. He had also been committed twice into a mental health hospital. Minor was prescribed psychotropic drugs.
B. Background Relating to the October 2016 Disposition
On September 25, 2016, then 15-year-old minor was residing in a group home when he became angry with a fellow youth after the youth turned the lights off to minor's room while minor was trying to complete his homework. The youth did not share the room with minor. After the two argued over the youth turning off the lights, minor stabbed the youth with a pencil on the left side of the face, resulting in a one-inch laceration. Minor admitted to stabbing the youth.
On September 27, 2016, the San Bernardino County District Attorney filed a juvenile wardship petition pursuant to section 602, subdivision (a), charging minor with felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)).
On October 18, 2016, the People amended the petition reducing the offense to a misdemeanor. Minor thereafter admitted the allegation, and the juvenile court sustained the allegation. The juvenile court also declared minor a ward of the court and placed minor on probation on various terms and conditions. Minor was released to the custody of the San Bernardino County Children and Family Services (CFS).
C. Background Regarding the April 2017 Disposition
In early January 2017, minor threatened a school resource officer at a high school after he was told to return to class.
On January 31, 2017, the Riverside County District Attorney filed a new petition pursuant to section 602 charging minor with misdemeanor unlawfully preventing a school officer from conducting her duties through a threat (Pen. Code, § 71).
On February 22, 2017, minor was hospitalized for five days due to suicidal ideation after he jumped from a moving vehicle. Minor was diagnosed with severe depression and bipolar disorder and prescribed medication to treat his depression and anxiety.
On April 18, 2017, minor admitted the allegation in the new petition. The Riverside County Juvenile Court found true the allegation as admitted by minor. The case was thereafter ordered transferred to the San Bernardino County Juvenile Court for disposition.
On April 21, 2017, the San Bernardino County Juvenile Court found minor to be a resident of San Bernardino County and accepted the transfer from the Riverside County Juvenile Court.
At the disposition hearing on June 6, 2017, the San Bernardino County Juvenile Court continued minor as a ward of the court under dual status with CFS as the lead agency. The court also placed minor on probation on various terms and conditions in the custody of CFS and maintained minor in his group home.
D. Background Relating to Current Probation Violations and Offenses
On November 30, 2017, minor became angry with staff at his group home when the staff member attempted to wake up minor for school. Minor refused to get up. The staff member also noticed minor rolling what appeared to be a marijuana cigarette. The staff member asked minor to give him the marijuana cigarette, and minor refused. Minor then got out of his bed, kicked a wall with his knee, and pushed the staff member out of his room with his hands.
On December 14, 2017, minor broke into a staff cabinet at his group home in Moreno Valley and stole $200. He then left the facility in the group home vehicle and failed to return. The incident was reported to law enforcement.
On December 15, 2017, the San Bernardino County District Attorney filed a probation violation petition alleging minor violated his probation by leaving his group home without permission and his current whereabouts were unknown. On this same day, a warrant for minor's arrest was issued.
Minor was arrested on December 24, 2017, and maintained in juvenile hall. Minor's behavior while in juvenile hall was described as "needs improvement" due to his failure to follow staff directives and being disrespectful to staff.
On January 5, 2018, the Riverside County District Attorney filed a petition pursuant to section 602 alleging minor committed misdemeanor battery (Pen. Code, § 242; par. 1) and misdemeanor vandalism (Pen. Code, § 594, subd. (a); par. 2) on or about November 30, 2017.
On January 11, 2018, minor admitted to violating his probation. The San Bernardino County Juvenile Court found true the allegation in the probation violation petition and continued minor as a ward of the court. The juvenile court also continued minor on probation on various terms and conditions as modified and released minor from juvenile hall in the custody of CFS.
On January 23, 2018, the Riverside County District Attorney filed a petition pursuant to section 602 alleging minor unlawfully drove or took a vehicle (Veh. Code, § 10851, subd. (a)), a felony, on December 14, 2017.
On February 13, 2018, minor admitted the allegation that he unlawfully took or drove a vehicle, a felony, as alleged in the January 23, 2018 petition. Minor also admitted paragraph 1 of the January 5, 2018 petition that he committed misdemeanor battery. In return, paragraph 2 of the January 5, 2018 petition was dismissed. The Riverside County Juvenile Court found true the allegations as admitted by minor. On this same day, the Riverside County Juvenile Court granted a motion to transfer the matter to San Bernardino County and transferred the matter to San Bernardino County Juvenile Court for disposition. Minor's counsel also noted that minor had been moved to a group home in San Dimas.
On February 28, 2018, the San Bernardino County Juvenile Court found minor to be a resident of San Bernardino County and accepted the transfer from the Riverside County Juvenile Court.
At the disposition hearing on March 28, 2018, the San Bernardino County Juvenile Court continued minor as a ward of the court under dual status with CFS as the lead agency. The court also placed minor on probation on various terms and conditions as modified in the custody of CFS and maintained minor in his current group home.
On September 7, 2018, minor was hospitalized after making threats and suicidal statements. Following his hospital release, minor was continued maintained in CFS placement on terms and conditions of probation as previously imposed.
Due to his continued defiant behavior, on October 10, 2018, minor was moved to a group home in Riverside. The group home in Riverside offered mental health treatment services which minor desperately needed and required. However, minor continued to leave that group home without permission, and on January 23, 2019, minor was transferred to a group home in Barstow.
On February 5, 2019, minor was placed in another group home in Bakersfield where he received individual, group, anger management, and substance abuse counseling.
On February 10, 2019, minor was arrested for felony vandalism after he caused severe property damage in the group home.
On April 12, 2019, the Kern County Probation Department found minor to be a dependent and dismissed the felony vandalism case.
On May 7, 2019, in a non-appearance review packet, the probation department requested that the case be dismissed and discharged since minor had reached the age of majority. The probation department also requested that minor's records not be sealed as minor had failed to comply with his grant of probation.
On May 9, 2019, minor's counsel filed an objection/response to the non-appearance review packet. Minor's counsel requested that the case be dismissed as "successful," the vehicle offense be reduced to a misdemeanor, and minor's records to sealed.
At a special hearing held on May 15, 2019, the juvenile court discharged minor as a ward. The court also denied minor's request to have his unlawful driving or taking of a vehicle offense reduced to a misdemeanor, finding minor had not been reformed, had continued to harm the community, and had failed to substantially comply with his probationary terms. The court further denied minor's motion to seal his records, reasoning minor had not successfully completed probation.
On May 16, 2019, minor filed a timely notice of appeal from the juvenile court's orders at the special hearing.
III
DISCUSSION
After minor appealed, 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, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to conduct an independent review of the record.
We offered minor an opportunity to file a personal supplemental brief, and he has not done so.
An appellate court conducts a review of the entire record to determine whether the record reveals any issues which, if resolved favorably to defendant, here, minor, would result in reversal or modification of the judgment. (People v. Wende, supra, 25 Cal.3d at pp. 441-442; People v. Feggans (1967) 67 Cal.2d 444, 447-448; Anders v. California, supra, 386 U.S. at p. 744; see People v. Johnson (1981) 123 Cal.App.3d 106, 109-112.)
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to minor.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
CODRINGTON
J. We concur: MILLER
Acting P. J. MENETREZ
J.