Opinion
E055063
05-18-2012
In re E.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. E.S., Defendant and Appellant.
David R. Greifinger, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. J240680)
OPINION
APPEAL from the Superior Court of San Bernardino County. Larry W. Allen, Judge. Affirmed.
David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
INTRODUCTION
On September 14, 2011, a petition under Welfare and Institutions Code section 602, subdivision (a), alleged that defendant and appellant E.S. (minor) received stolen property, a felony, under Penal Code section 496, subdivision (a).
At the jurisdictional hearing on September 29, 2011, the juvenile court granted the prosecutor's motion to reduce the charge of receiving stolen property to a misdemeanor under Penal Code section 17, subdivision (b). Minor admitted the allegation.
On October 24, 2011, at a contested disposition hearing, the juvenile court declared minor a ward of the court and placed him in the custody of the probation department. The court also ordered minor to be maintained in juvenile hall pending placement in a suitable foster care facility.
On November 22, 2011, minor filed his timely notice of appeal.
STATEMENT OF FACTS
On September 12, 2011, an adult female flagged down Renaldo Wiltz, a deputy police officer with the Apple Valley Unified School District, and informed him that two white male juveniles had stolen two bicycles from Apple Valley High School. She stated that the juveniles had cut the chain off the bicycles with a pair of bolt cutters.
Five minutes later, Chief Officer Van Oosbree reported on the radio that a white juvenile was riding a bicycle at a high rate of speed on Nassqually Road. Officer Van Oosbree caught up with the juvenile, who stated, "I found this bike in the back of [Stater] Brothers." Officer Wiltz then arrived at the location and took custody of minor. The victim of the stolen bicycle identified the bicycle in minor's possession as stolen property.
Minor stated that approximately one month prior to the incident, his bicycle had been stolen near the same location. On the date of the incident, he saw two males riding the bicycles; minor believed one of the bicycles to be his. Minor attempted to contact the individuals. He asked, "[W]hy do you have my bike?" The two males dropped the bicycles and hopped over a wall. Minor then picked up one of the bicycles and rode off. Minor did not know that the bicycle was stolen and did not take the bicycle from the school.
At the disposition hearing, the prosecutor argued for placement. Minor sought to be released to his mother with wrap-around services. The juvenile court opted for placement in light of minor's previous history, family situation, age, educational needs, and prospects for rehabilitation.
ANALYSIS
After 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 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 minor an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MCKINSTER
J.
We concur:
HOLLENHORST
Acting P.J.
MILLER
J.