Opinion
A158151
02-28-2020
In re L.R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. L.R., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Humboldt County Super. Ct. No. JV140225)
L.R. (Minor) appeals following his no contest plea to a single count of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1). He also admitted allegations under section 12022, subdivision (b)(1) that he personally used a weapon in the commission of the offense. His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We conclude there are no issues requiring further review and affirm.
Unless otherwise stated, statutory citations are to the Penal Code.
BACKGROUND
On September 26, 2018, Minor escaped from juvenile hall. About three hours after his escape, he was spotted on the street by a probation officer. When the officer approached Minor and told him he would be detained, Minor pulled out a kitchen knife and made slashing movements toward the officer. The officer suffered minor injuries, and Minor was taken into custody.
A petition was filed charging Minor with felony assault with a deadly weapon in violation of section 245, subdivision (a)(1), enhanced for his personal use of a weapon as described in section 12022, subdivision (b)(1). He was also charged with five misdemeanors: escape from a juvenile facility in violation of Welfare and Institutions Code section 871, subdivision (a); two counts of battery in violation of section 242 for earlier incidents occurring in juvenile hall; vandalism in violation of section 594, subdivision (b)(2)(a) also for an incident in juvenile hall; and battery by gassing in violation of section 243.9, subdivision (a), also for a juvenile hall incident. A final count alleged a violation of probation for disobeying the officer's order to submit to detention.
Minor admitted to the felony allegation and the enhancement for personal use of a weapon as alleged in count one of the petition. Based upon Minor's admission to count one, the probation violation was found proven. All the remaining counts were dismissed. The two battery counts and battery by gassing were dismissed with a Harvey waiver.
People v. Harvey (1979) 25 Cal.3d 754. --------
The probation department recommended Minor be committed to the Division of Juvenile Justice (DJJ), and although Minor preferred placement in a local treatment program, he accepted the recommendation. The court committed Minor to the DJJ on November 6, 2018. In December 2018, the court granted Minor's motion to reconsider the commitment order, and on January 10, 2019, referred Minor to the California Department of Corrections and Rehabilitation (CDCR) for a 90-day diagnostic evaluation. The CDCR evaluation concluded that the least restrictive alternative based upon Minor's needs was placement in the DJJ. CDCR concluded he was amenable to treatment and rehabilitative services that DJJ could provide.
Following a contested disposition hearing, Minor was again committed to the DJJ. The court determined that DJJ was the least restrictive setting for Minor to receive therapeutic services. The court based this determination on Minor's two prior escapes from local treatment programs, including the current offense, his prior assaults against staff and peers in the regional facility, and his participation in an incident of group violence while he was at DJJ. The court believed the Counterpoint behavioral program, aggression interruption training, academic and vocational services, and the individual and group counselling offered at DJJ would meet his needs.
In further proceedings, Minor's maximum term of confinement was set at 9 years 8 months. He was sentenced to the upper term of four years for the assault adjudication plus one year for the weapon use enhancement for a total commitment of five years. The court imposed a $100 restitution fine, and $1,400 in restitution was imposed as ordered in a prior adjudication. He was awarded 884 days of presentence credit. The court also heard and denied Minor's motion brought under People v. Marsden (1970) 2 Cal.3d 118. He timely appeals.
DISCUSSION
Minor's counsel has represented that she advised him of her intention to file a Wende brief in this case and of Minor's right to submit supplemental written argument on his own behalf. He has not done so. Minor has also been advised of his right to request that counsel be relieved.
Minor's plea appears from the record to be free, knowledgeable and voluntary. His sentencing was in accord with the discretion and choices legally available to the juvenile court. The fine and restitution were imposed in lawful measure.
Our full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
/s/_________
Siggins, P.J. WE CONCUR: /s/_________
Fujisaki, J. /s/_________
Jackson, J.