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In re Jimmie W.

Court of Appeal of California
Jul 1, 2008
E044459 (Cal. Ct. App. Jul. 1, 2008)

Opinion

E044459

7-1-2008

In re JIMMIE W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. JIMMIE W., Defendant and Appellant.

Michael Anthony Hernandez, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Not to be Published


Pursuant to a Welfare and Institutions Code section 777 petition, it was alleged that defendant and appellant Jimmie W. (minor) violated his probation by failing to notify the probation officer of his change of address. Minor admitted the allegation, and following a contested dispositional hearing, the juvenile court declared him a ward of the court and ordered him to be placed in the custody of the probation department while awaiting placement in a suitable locked and secured facility. Minor filed a notice of appeal. We affirm.

PROCEUDURAL BACKGROUND

On September 20, 2007, following a sustained allegation for criminal threats (Pen. Code, § 422), minor was placed on summary probation. On April 13, 2006, while still on summary probation, the juvenile court sustained an allegation for receiving stolen property (a car) (§ 496d, subd. (a)) and declared minor a ward of the court; the court placed him on formal probation. Minor was arrested again on May 11, 2006, on two counts of first degree residential burglary (§ 459) and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). The court found true the allegation of one count of burglary, continued minor in his mothers custody on "Success Program" probation. On October 30, 2006, the Success terms were stricken, and minors case was continued to April 2, 2007, for an appearance review. Minor failed to appear at that hearing, and the court issued a bench warrant. Minor was arrested on the warrant on April 24, 2007, and was released to his mothers custody. Minor failed to appear for another review hearing on July 24, 2007, and another bench warrant was issued. He was arrested on August 22, 2007.

On August 24, 2007, a petition was filed, alleging that minor violated his probation by failing to notify the probation officer of his change of address. A home visit had been conducted on July 19, 2007, at the address provided to the probation department, and the home was vacant.

On September 20, 2007, minor admitted the probation violation allegation, and the court found the maximum period for physical confinement to be six years eight months. The matter was continued for a dispositional hearing.

On October 4, 2007, the court held a contested dispositional hearing. The court heard testimony from minor and a probation officer. It noted that minor had absconded and had not availed himself of any of the rehabilitation services offered to him. The court also remarked there had clearly not been anyone taking care of minor. The court then ordered minor to be placed in juvenile hall to await placement in a suitable locked and secured facility.

DISCUSSION

Minor appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case and one potential arguable issue, and requesting this court to undertake a review of the entire record. The potential arguable issue identified by counsel was whether the court properly determined that reasonable efforts had been made to prevent the removal of minor from his home prior to ordering him into an out-of-home facility.

We offered minor an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

We concur:

McKINSTER, J.

GAUT, J. --------------- Notes: All further statutory references will be to the Penal Code, unless otherwise noted.


Summaries of

In re Jimmie W.

Court of Appeal of California
Jul 1, 2008
E044459 (Cal. Ct. App. Jul. 1, 2008)
Case details for

In re Jimmie W.

Case Details

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

Court:Court of Appeal of California

Date published: Jul 1, 2008

Citations

E044459 (Cal. Ct. App. Jul. 1, 2008)