Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County No. 06CEJ601620-5V. David A. Gottlieb, Judge.
Robert P. Whitlock, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
Before Levy, Acting P.J., Cornell, J., and Poochigian, J.
INTRODUCTION
Appellant, I.R., was charged on December 22, 2009, in a petition filed pursuant to Welfare and Institutions Code section 602 with felony receipt of stolen property (Pen. Code, § 496, subd. (a), count 1), possession of burglar’s tools (Pen. Code, § 466, count 2), and driving a motor vehicle without a driver’s license (Veh. Code, § 12500, subd. (a), count 3). On December 31, 2009, appellant waived his constitutional rights and admitted count 1 as a felony in exchange for the dismissal of the other counts. At the disposition hearing on January 15, 2010, the court found the offense to be a felony. Appellant was placed on probation, made a ward of the court for one year, and committed to the Juvenile Justice Campus for 60 days with credit for 45 days already served.
A supplemental petition was filed on April 28, 2010, alleging appellant violated the terms of his probation (Welf. & Inst. Code, § 777) by failing to report to his probation officer, failing to wear an electronic monitor, and failing to attend school. Appellant also allegedly failed a drug test by testing positive for using marijuana, failed to obey all laws, and was arrested twice for violation of Penal Code section 308, subdivision (b).
On June 8, 2010, appellant waived his rights and admitted failing to report to the probation department, failing to complete the electronic monitoring program, testing positive for using marijuana, absences from the Day Reporting Center program, and possessing tobacco products on two occasions in violation of Penal Code section 308, subdivision (b). The parties stipulated to a factual basis for the admission.
Appellant’s probation officer reported that he was terminated from the electronic monitoring program on April 16, 2010, for multiple program violations and failed to report to his probation officer on April 12, 2010. On April 9, 2010, appellant had a positive drug test for marijuana. Appellant also accumulated an excessive number of unexcused absences while enrolled in the Day Reporting Center program. Appellant failed to obey all laws and was arrested for violation of Penal Code section 308, subdivision (b) and Welfare and Institutions Code section 625, subdivision (b) on March 16, 2010, and again on April 9, 2010.
On June 14, 2010, the juvenile court committed appellant to the New Horizons program for a year.
APPELLATE COURT REVIEW
Appellant’s appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues, and requests this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that appellant was advised he could file his own brief with this court. By letter on October 22, 2010, we invited appellant to submit additional briefing. To date, he has not done so.
After independent review of the record, we have concluded there are no reasonably arguable legal or factual issues.
DISPOSITION
The orders of the juvenile court are affirmed.