Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Appeal from an order of the Superior Court of Los Angeles County, Shep Zebberman, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.), Ct. No. FJ37405
Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ZELON, J.
D. F. appeals from the juvenile court’s order continuing his wardship after finding he had committed the offense of possession of a firearm by a minor. (Pen. Code, § 12101, subd. (a)(1).)
FACTUAL AND PROCEDURAL BACKGROUND
In October 2005, police arrested then-13-year-old D. F. after he pushed a school administrator on school grounds. The People filed a petition pursuant to Welfare and Institutions Code section 602 on December 25, 2005, alleging D. F. had committed battery on a school employee and battery on school grounds (Pen. Code, §§ 243.6, 243.2, subd. (a)), both misdemeanor offenses. D. F. admitted the battery on a school employee allegation, and the juvenile court placed him on six months probation under section 725, subdivision (a). The remaining allegation was dismissed.
Statutory references are to the Welfare and Institutions Code unless otherwise indicated.
On December 28, 2007, a second section 602 petition was filed alleging then 15-year-old D. F. had committed the offense of possession of a firearm by a minor. On January 4, 2007, the juvenile court revoked its previous order of probation without wardship under section 725, subdivision (a).
At the jurisdiction hearing, the People presented evidence that on the afternoon of December 26, 2007, Los Angeles Police Officer Giberto Gaxiola was driving a marked patrol car when he saw then 15-year-old D. F. and a male companion outside an ice cream shop. Upon noticing Officer Gaxiola, the two of them ran into the shop. Officer Gaxiola parked his patrol car and entered the shop. D. F. and the other male were standing in front of the register area. D. F. had his hands around the waist of a female, who was later identified as B. C. Officer Gaxiola saw D. F. shove what appeared to be a gun inside B. C.’s waistband. Officer Gaxiola notified his partner and had D. F. and the other male wait outside the shop, while he spoke to B. C. Initially B. C. was uncooperative, but she later told Officer Gaxiola the gun belonged to D. F. and he had put the weapon inside her waistband. Officer Gaxiola arrested B. C. She was subsequently searched in the officer’s presence. A loaded .380-caliber automatic handgun was removed from her waistband. A box of matching ammunition was recovered from her bra and six individually wrapped rocks of cocaine were found in B. C.’s jacket pocket. Officer Gaxiola testified the handgun taken from B. C. resembled the object he saw D. F. shove inside her waistband.
D. F. did not testify in his own behalf. The defense presented a fingerprint expert who testified that based on his visual inspection and application of fingerprint powder, there were no identifiable fingerprints on the gun.
M. R., who was dating D. F. at the time, testified for the defense that she and her cousin were with D. F. and his male companion inside the ice cream shop on December 26, 2007. D. F. had his hands around M. R.’s waist. The two of them were talking. There was another girl inside the shop, but she did not have any contact with D. F. Officers arrived and ordered D. F. and his male companion to step outside the shop. M. R. remained in the shop and saw the unknown girl walk behind the ice cream counter. The officer ordered the girl to come out from behind the counter and threatened to shoot her when she failed to comply. M. R. testified she had never known D. F. to own a gun, although she acknowledged he could have been carrying a gun concealed on his person without her knowledge.
At the conclusion of the hearing on January 31, 2007, the juvenile court found true the allegation that D. F. was in possession of a firearm as a minor and sustained the petition.
At the disposition hearing on February 5, 2008, the juvenile court ordered D. F. to remain a ward of the court pursuant to section 602, ordered him into a six-month camp community placement program and calculated his maximum theoretical term of confinement as three years eight months.
D. F. filed a timely appeal. We appointed counsel to represent him on appeal.
After examination of the record counsel filed an “Opening Brief” in which no issues were raised. On July 3, 2008, we advised D. F. he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response to date.
We have examined the entire record and are satisfied D. F.’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 under review is affirmed.
We concur: PERLUSS, P. J., JACKSON, J.