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In re V.B.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Aug 8, 2012
F064007 (Cal. Ct. App. Aug. 8, 2012)

Opinion

         NOT TO BE PUBLISHED

         THE COURT

Before Kane, Acting P.J., Detjen, J., and Franson, J.

         APPEAL from a judgment of the Superior Court of Stanislaus County. Nan Cohan Jacobs, Judge., Super. Ct. No. 511413

          Robert P. Whitlock, under appointment by the Court of Appeal, for Defendant and Appellant.

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


          OPINION

         Appellant, V.B., a minor, was placed on probation after being adjudged a ward of the court in 2009 and continued on probation after being readjudged a ward in 2010. In November 2011, he admitted allegations he violated his probation, and the court ordered that appellant be placed under the care, custody, and control of the probation officer for suitable out-of-home placement. The instant appeal followed.

         Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing. We affirm.

         BACKGROUND

         Appellant was initially adjudged a ward of the juvenile court in June 2009, following his admissions of allegations contained in two separate wardship petitions (Welf. & Inst. Code § 602) that he committed petty theft (Pen. Code, § 484, subd. (a)), a misdemeanor; attempted grand theft (Pen. Code, §§ 487, subd. (c), 664), a felony; and misdemeanor battery (Pen. Code, § 242). The court placed appellant on probation.

         Another wardship petition was filed on August 12, 2010, in which it was alleged appellant committed first degree burglary (Pen. Code, §§ 459, 460, subd. (b)), and on August 26, 2010, appellant admitted the allegation. At the disposition hearing on September 10, 2010, the court readjudged appellant a ward of the court and continued him on probation.

         In December 2010, appellant admitted an allegation that he committed a noncriminal violation of probation. The court continued appellant on probation.

         On August 18, 2011, appellant admitted an allegation he violated probation by failing to attend school. The court ordered appellant detained and set the disposition hearing for September 1. On that date, disposition was continued to September 8 to allow time for appellant to be examined by a psychiatrist at juvenile hall.

Further date references are to dates in 2011.

         On September 8, the court noted the psychiatrist had diagnosed appellant with depression and recommended that appellant receive counseling and psychotropic medication. The court continued the hearing to September 12 to give appellant’s mother time to discuss with appellant’s father the psychiatrist’s recommendation with respect to medication.

         On September 12, appellant’s mother told the court she agreed to the medication recommendation. The court released appellant from juvenile hall to return home on a trial basis, and continued the disposition hearing to October 25.

         Appellant failed to appear in court on October 25, and a bench warrant for his arrest was issued. On November 3, the district attorney filed a notice of violation of probation, alleging the following: appellant failed to appear in court on October 25; he had been “dropped from enrollment” at his high school “due to absenteeism”; he failed to attend Drug Court counseling groups on three occasions; he stopped taking prescribed medication; and he failed to keep an appointment with the juvenile hall psychiatrist.

         On November 4, appellant appeared in court and admitted the probation violation allegation. Proceeding with the disposition hearing, the court ordered appellant placed in a suitable out-of-home placement and ordered him detained in juvenile hall pending placement.

         DISCUSSION

         Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

         DISPOSITION

         The judgment is affirmed.


Summaries of

In re V.B.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Aug 8, 2012
F064007 (Cal. Ct. App. Aug. 8, 2012)
Case details for

In re V.B.

Case Details

Full title:In re V.B., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

Date published: Aug 8, 2012

Citations

F064007 (Cal. Ct. App. Aug. 8, 2012)