Opinion
A154147
12-12-2018
In re G.O., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. G.O., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Sonoma County Super. Ct. No. 38869-1)
Appellant, G.O., appeals from a March 13, 2018 order denying his request to seal his juvenile records. Appellant's court-appointed counsel has filed a brief raising no legal issues and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel advised G.O. of his right to file a supplemental brief within 30 days of the filing of the Wende brief and he has filed no such brief.
As assigned counsel was apparently unaware when she filed her Wende brief on October 5, 2018, this appeal became moot on June 19, 2018, when the trial court ordered G.O.'s juvenile record sealed.
FACTS AND PROCEEDINGS BELOW
On March 22, 2017 (all dates are in that year unless otherwise indicated), a Petaluma police officer called to G.O.'s home was told he had repeatedly kicked his brother and kicked in the door to his mother's bedroom. The mother told the officer G.O. was violent, she was unable to control him, and she thought he was using drugs, and had found marijuana in his room. The officer arrested G.O. and several days later he was released to the custody of his mother. On April 3, a three-count petition was filed alleging G.O. committed three misdemeanors: vandalism (Pen. Code, § 594, subd. (a)), resistance, obstruction or delay of a peace officer (§ 148, subd. (a)(12)), and battery (§ 242). G.O. admitted to resisting arrest and the other counts were dismissed.
All statutory references are to the Penal Code unless otherwise indicated. --------
On April 17, probation officers went to G.O.'s home and told him that one of them was going to search his room while G.O. sat outside with the other officer. G.O. refused to submit to this and engaged in a physical struggle with the officers for several minutes. After other officers arrived they put G.O. in a "figure-four leg lock" while G.O. yelled obscenities at them.
On May 10, another petition was filed alleging four counts of misdemeanor battery against a peace officer. (§ 243, subd. (b).) On May 22, at the dispositional hearing on the April 3 petition, the court declared G.O. a ward of the court, ordered him detained in the juvenile hall, and imposed terms and conditions of probation. The court indicated from the bench that it planned to release G.O. once services and placement were determined.
A psychological evaluation concluded that G.O. had a "high potential for early developmental delay," and the probation officer believed he would benefit from services and recommended G.O. be placed in the Assertive Community Treatment Program (ACT).
On June 6, at the jurisdictional hearing on the May 10 petition, G.O. admitted one count of misdemeanor battery on a peace officer, the other counts were dismissed, and the court retained G.O. as a ward of the court.
On June 15, a third petition was filed against G.O. alleging a single count of misdemeanor battery. (§ 242.) The next day, G.O. admitted the petition and the court retained him as a ward of the court and detained him in juvenile hall. At the dispositional hearing on June 20, G.O. was released to his mother and the next day he was admitted to the ACT program at Sunny Hills Services.
In July, Sunny Hills reported to the court that G.O. was on electronic monitoring, had attended all scheduled assessment sessions, was clean and sober and open to services and support, living with his mother and siblings in an apartment in Petaluma, attending summer school at Casa Grande High School, and during the next academic year would be a senior at San Antonio High School.
Reports to the court by Sunny Hills in August and December related that G.O. attended all ACT meetings, remained engaged and active in treatment, and was attending Narcotics Anonymous (NA), anger management programs, family therapy, and was receiving psychiatric services. After graduation from high school, G.O. planned to attend Gateway College, and to continue attending NA meetings. With the exception of one relapse, he remained clean and sober.
At a hearing on March 13, 2018, after G.O. graduated from the ACT program, the court dismissed his probation. G.O.'s counsel requested that the court seal his records. (Welf & Inst. Code, § 793, subd. (c).) The trial court stated that "I don't think anyone would disagree that at some point in time his record should be sealed if he continues to make the progress that he has. But as for sealing today, I'm thinking we want to make sure that the transition goes smoothly . . . . [¶] So I was thinking maybe we do that down the road a little bit." The court continued the question whether to seal G.O.'s records for a hearing on June 19, 2018.
About a month later, on April 16, 2018, G.O. filed a timely notice of appeal from the March 13 order denying G.O.'s request to seal his juvenile records.
At the noticed hearing on June 19, 2018, to reconsider whether to seal G.O.'s juvenile record, the court ordered that the record be sealed.
Six months later, on October 5, 2018, evidently unaware of the June 19 order sealing G.O.'s record, the attorney assigned to represent G.O. on this appeal filed a Wende brief finding no arguable legal issue to present and asking this court to independently review the record.
Having reviewed the record, we find that this appeal is moot.
DISPOSITION
For the foregoing reason, this appeal is dismissed.
/s/_________
Kline, P.J. We concur: /s/_________
Richman, J. /s/_________
Miller, J.