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In re Andy R.

California Court of Appeals, Second District, Seventh Division
May 9, 2011
No. B227089 (Cal. Ct. App. May. 9, 2011)

Opinion

NOT TO BE PUBLISHED

APPEAL from an order of the Superior Court of Los Angeles County No. YJ33757, Irma J. Brown, Judge.

Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


WOODS, J.

The minor Andy R. appeals from an order declaring him a ward of the juvenile court for possession of live ammunition by a minor. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Police detained the minor for violating curfew and found bullets in his pocket. The district attorney filed a petition pursuant to Welfare and Institutions Code section 602 alleging the minor, then 15 years old, had unlawfully possessed live ammunition in violation of Penal Code section 12101, subdivision (b)(1), a misdemeanor. The minor filed a motion to suppress evidence under section 700.1, which the parties agreed would be heard in conjunction with the jurisdiction hearing.

Statutory references are to the Welfare and Institutions Code, unless otherwise indicated.

According to the People’s evidence, at around 1:45 a.m. on September 12, 2009, while on routine patrol, Deputy Nicholas Coulter of the Los Angeles County Sheriff’s Department and his partner deputy saw the minor on the sidewalk. Deputy Coulter stopped the minor and asked his age. The minor replied he was 15 years old. Discovering the minor was a reported runaway, the deputies decided to drive him home. Prior to seating the minor in the patrol car, Deputy Coulter’s partner conducted a pat search of the minor. The minor became nervous, and when asked, told the deputy his back pocket contained bullets he had found in an alley. The deputy recovered six bullets from the minor’s pocket and arrested him.

At the conclusion of the jurisdiction hearing, the juvenile court denied the motion to suppress evidence and sustained the petition. A disposition hearing immediately followed. The court found the minor a person described by section 602 by reason of the commission of the offense and, without declaring Andy R. a ward of the court, placed him on probation for six months pursuant to section 725, subdivision (a). The minor filed a timely notice of appeal. (See In re Do Kyung K. (2001) 88 Cal.App.4th 583, 590 [juvenile may appeal order placing him on probation without wardship pursuant to § 725, subd. (a)].)

We appointed counsel to represent the minor on appeal. After examination of the record counsel filed an opening brief in which no issues were raised. On February 17, 2011, we advised the minor he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date. We have examined the entire record and are satisfied the minor’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)

The order is affirmed.

We concur: PERLUSS, P. J., ZELON, J.


Summaries of

In re Andy R.

California Court of Appeals, Second District, Seventh Division
May 9, 2011
No. B227089 (Cal. Ct. App. May. 9, 2011)
Case details for

In re Andy R.

Case Details

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

Court:California Court of Appeals, Second District, Seventh Division

Date published: May 9, 2011

Citations

No. B227089 (Cal. Ct. App. May. 9, 2011)