Opinion
B192893
4-20-2007
In re HANS L., A Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. HANS L., Defendant and Appellant.
Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
Hans L. appeals the order of wardship (Welf. & Inst. Code, § 602) entered following the juvenile courts findings he unlawfully drove or took a vehicle (Veh. Code, § 10851, subd. (a)), and drove without a valid license (Veh. Code, § 12500, subd. (a)). The juvenile court ordered Hans L. committed to a Camp Community Placement Program for a period of six months. We affirm the order of wardship.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.
For several months prior to June 18, 2006, fourteen-year-old Hans L. had been living with his mother in Utah. During the early morning hours of that day, Hans L. and a girl, Nicky T., arrived at the El Monte home of Hans L.s grandmother, Maria Del Pilar Jimenez (Jimenez). After Hans L.s arrival, Jimenez saw a white car with Utah license plates parked at the curb in front of her house.
Later that morning, Hans L. and Nicky T. left the house. After they had gone, Jimenez noticed the white car was also gone. Hans L. and Nicky T. returned to Jimenezs home later that day without the car.
El Monte Police Officer Adriana Tscharanyan (Tscharanyan) responded to a call directing her to Jimenezs home. There, she spoke with Jimenez and "a witness," Catherine Moore (Moore). The two women told Tscharanyan they had seen Hans L. driving a white car with Utah license plates and Moore handed to an officer accompanying Tscharanyan, Officer Ortega, the keys to the car. Tscharanyan noted she had seen the car parked "down the street in a parking lot."
Tscharanyan took Hans L. into custody and placed him in the back seat of her patrol car. As Tscharanyan was waiting for a tow truck to arrive, Hans L. voluntarily stated, when he saw the officer, he had handed the car keys to Moore and "told her to hold onto them."
At approximately 8:00 p.m. on June 18, 2006, El Monte Detective Armando Valenzuela (Valenzuela) questioned Hans L. at the El Monte Police Station. Valenzuela advised Hans L. of his rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436, Hans L. waived those rights and told the detective that he and his girlfriend, Nicky T., had been walking around an apartment complex in south Salt Lake City when he saw the white car. Although the car was parked, its engine was running. Hans L. had earlier spoken to Nicky T. about going to El Monte, California and she had indicated she would like to go with him. Hans L. and Nicky T. "talked about stealing the car." Nicky T. then got into the drivers seat and, after Hans L. had gotten into the car, the two drove to El Monte.
After speaking with Hans L., Valenzuela telephoned the police department in Salt Lake City and confirmed the white car had been stolen.
2. Procedural History.
On June 20, 2006, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging Hans L. had unlawfully driven or taken a vehicle (Veh. Code, § 10851, subd. (a)), a felony, and driven without a valid license (Veh. Code, § 12500, subd. (a)), a misdemeanor.
An evidentiary hearing was held on the matter on July 12, 2006. After the prosecution presented its case, counsel for Hans L. made a motion to dismiss the petition (Welf. & Inst. Code, § 701.1). The trial court denied the motion, indicating the evidence showed beyond a reasonable doubt that fourteen-year-old Hans L. drove without a valid drivers license and "unlawfully [took] and dr[o]ve a vehicle belonging to another."
The trial court took judicial notice of the fact that, in California, one cannot have a valid drivers license before reaching the age of 16.
Following the courts finding Hans L. committed the alleged offenses, defense counsel requested that the court transfer Hans L.s case to the authorities in Utah, where his mother and siblings had been living for several months. The trial court denied counsels request stating, "I wish I could trust you, Hans. Im quite familiar with Hans history and background. We have tried on a number of occasions to modify Hans behavior and I was hopeful that when mom moved back to Utah approximately six months ago, . . . that, in lieu of any further camp time or any other confinement time, I was hoping that a change of scenery would assist Hans in his behavior. Unfortunately it didnt work out. [¶] . . . My intention is to give you six months in camp here in California. See how you do after that. See where your mother is at that time. [¶] I have concerns whether your mom can control you in Utah much less anywhere else you live. Im concerned whether your grandmother can control you."
Hans L.s probation report indicates that for most of his life he has lived in El Monte California. He apparently only recently moved to Utah to reside with his mother.
Hans L.s criminal behavior began when he was 11 years old and was found to have burglarized a day care center. A petition charging Hans L. with burglary was sustained and he was placed on formal probation. Two weeks after the burglary, Hans L. was taken into custody for being under the influence of methamphetamines. At age 12, Hans L. was charged with petty theft and was, during a subsequent encounter with a law enforcement officer, found to be in possession of marijuana.
The trial court declared Hans L. a ward of the court (Welf. & Inst. Code, § 602), took the custody and care of Hans L. away from his parents or guardians and placed it with the probation department, then committed Hans L. to a Camp Community Placement Program for a period of six months.
Hans L. faced a maximum term of confinement of three years, two months.
After the trial court ordered the six month placement, defense counsel requested that the commitment be reduced to three months. The trial court declined, stating, " . . . Hans[s] behavior is beyond, I believe, the three-month period of time. Hans needs some stability, catching up in his school work. He has some special education needs that need to be addressed in camp." The trial court then informed Hans L. of the terms and conditions of his camp placement and awarded him a total of 25 days of predisposition custody credit.
Hans L. timely filed a notice of appeal on July 25, 2006.
This court appointed counsel to represent Hans L. on October 13, 2006.
CONTENTIONS
After examination of the record, counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record. By notice filed February 14, 2007, this court advised Hans L. to submit within 30 days any contentions, grounds of appeal or arguments he wished this court to consider. No response has been received to date.
REVIEW ON APPEAL
We have examined the entire record and are satisfied Hans L.s counsel has complied fully with counsels responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284 [145 L.Ed.2d 756; People v. Wende (1979) 25 Cal.3d 436, 443.)
DISPOSITION
The order of wardship is affirmed.
We Concur:
KLEIN, P. J.
KITCHING, J.