Opinion
NOT TO BE PUBLISHED
Superior Court County of Ventura, Super. Ct. No. 2005039304, Manuel J. Covarrubias, Judge.
Debra Fischl, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
COFFEE, J.
Francisco P. appeals from the order committing him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (CDC) for a term of 10 years 4 months based upon sustained petitions under Welfare & Institutions Code section 602 for misdemeanor unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)), felony criminal threats (Pen. Code, § 422), vandalism (Pen. Code, § 594, subd. (b)(2 )(A)) and felony assault with a deadly weapon for the benefit of a criminal street gang (Pen. Code, §§ 245, subd. (a)(1) & 186.22, subd. (b)(1)). We affirm.
Appellant was born in August 1989. He was first declared a ward of the court in July 2003 when he admitted to taking his father's car in violation of Vehicle Code section 10851, subdivision (a). On August 11, 2004, the court sustained a subsequent petition for making criminal threats (Pen. Code, § 422), and on November 17, 2004, the court sustained another petition for vandalism (Pen. Code, § 594, subd. (b)(2)(A)). Appellant admitted the allegations of both petitions. On December 1, 2003, April 1, 2004, November 17, 2004, May 31, 2005, and July 22, 2005, the court sustained charges that appellant violated probation. Appellant admitted each of these violations. The violations arose from his failure to attend school and court ordered programs, his use of alcohol and marijuana, and his increasing involvement in a gang lifestyle.
On November 8, 2005, a subsequent petition alleged that appellant stabbed a person in the back with a knife during a gang related fight. (Pen. Code, §§ 245, subd. (a)(1) & 186.22, subd. (b)(1).) Appellant denied the allegations. In a contested hearing, the prosecution presented substantial evidence to sustain the count and to sustain the alleged gang enhancement. The court found both true. Based on the sustained petition and prior petitions, and appellant's failure on probation, the court committed appellant to a principal upper term of 9 years at CDC for felony assault (ibid.), a subordinate consecutive term of 8 months for criminal threats (§ 422), and subordinate consecutive terms of 4 months each for misdemeanor vandalism (§ 594, subd. (b)(2)(A)) and misdemeanor unlawful driving and taking of a vehicle (Veh. Code, § 10851, subd. (a)), with 408 days credit for time served. The court ordered appellant to pay a $400 restitution fine and victim restitution. (Welf. & Inst. Code, § 730.6.) The prosecution withdrew pending probation violation charges and a count for misdemeanor escape from custody.
We appointed counsel to represent the minor on this appeal. After examining the record, counsel filed an opening brief raising no issues and requesting that this court independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On February 28, 2007, we advised appellant that he had 30 days in which to submit a written brief or letter raising any contentions or arguments he wished us to consider. Appellant did not respond.
We have examined the entire record. We are satisfied that appellant's counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.) The judgment is affirmed.
We concur: YEGAN, Acting P.J., PERREN, J.