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In re E.F.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Jan 13, 2012
E053603 (Cal. Ct. App. Jan. 13, 2012)

Opinion

E053603 Super.Ct.No. J192700

01-13-2012

In re E.F., a Person Coming Under the Juvenile Court Law. TERESA Y. GUSTAFSON, as U.S. Probation Officer, Petitioner and Respondent, v. E.F., Objector and Appellant.

Melanie K. Dorian, under appointment by the Court of Appeal, for Objector and Appellant. No appearance for Petitioner 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

APPEAL from the Superior Court of San Bernardino County. William Jefferson Powell IV, Judge. Affirmed.

Melanie K. Dorian, under appointment by the Court of Appeal, for Objector and Appellant.

No appearance for Petitioner and Respondent.

INTRODUCTION

On January 16, 2004, a juvenile wardship petition was filed against minor and appellant E.F. (minor) under Welfare and Institutions Code section 602. The petition alleged that minor committed the crime of transporting methamphetamine under Health and Safety Code section 11379, subdivision (a) (count 1); and possessing methamphetamine for sale under Health and Safety Code section 11378 (count 2).

On February 18, 2004, minor admitted the felony allegation in count 2. The court found the allegation to be true, declared minor a ward of the court and placed her in the custody of her parents on terms and conditions of probation. The court dismissed count 1. On April 14, 2006, based on the probation officer's recommendation, the court terminated probation as successful.

On April 26, 2011, a probation officer for the United States District Court filed a request under Welfare and Institutions Code section 827 (section 827) for disclosure of minor's juvenile court file, stating that minor was presently undergoing an investigation in federal court and records were being sought to assist that court in sentencing. Minor objected on the ground that the probation officer had failed to meet the requirements set forth in section 827, or California Rules of Court, rule 5.552. Following a hearing, on May 6, 2011, the court granted the request and ordered disclosure of the entire file. On May 17, 2011, minor filed a timely notice of appeal.

STATEMENT OF FACTS

On April 26, 2011, United States Probation Officer Teresa Y. Gustafson, who was conducting an investigation into minor's criminal past, petitioned for disclosure of minor's juvenile case file pursuant to section 827. Officer Gustafson included the federal case number and the upcoming hearing date, as well as the name of the attorney of record in that case. She also indicated that minor, now an adult, was "presently undergoing an investigation in federal court," and that the officer was requesting the material to "assist the District Court in sentencing."

The juvenile court provided notice of the petition to all parties, and within 10 days, minor filed an opposition to the release of her juvenile records. Minor argued that Officer Gustafson, the petitioner, had failed to meet the requirements for disclosure of records, as set forth in section 827. Minor also argued that under California Rules of Court, rule 5.552(c), petitioner was required to "describe in detail" the reasons for seeking the records and their relevance to the proceedings, and that "conducting an investigation" without additional information failed to satisfy this requirement. Minor expressed concern that the pending federal case could relate to a witness or family member instead.

Following a hearing, on May 6, 2011, the court found that the probation officer, conducting an official investigation was a "named person" authorized to inspect minor's juvenile record. The court noted that the officer had specifically cited the pending federal criminal case and the investigation involving minor, including the case number and hearing date. The court concluded that the petitioner had substantially complied with section 827 and California Rules of Court, rule 5.552, and ordered the disclosure of minor's entire juvenile case file.

ANALYSIS

After minor appealed, and upon her request, this court appointed counsel to represent her. Counsel has filed briefs 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 in both cases, but she 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

Acting P.J.
We concur:

Richli

J.

Miller

J.


Summaries of

In re E.F.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Jan 13, 2012
E053603 (Cal. Ct. App. Jan. 13, 2012)
Case details for

In re E.F.

Case Details

Full title:In re E.F., a Person Coming Under the Juvenile Court Law. TERESA Y…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

Date published: Jan 13, 2012

Citations

E053603 (Cal. Ct. App. Jan. 13, 2012)