Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Tulare County No. JJD062498. Juliet L. Boccone, Judge.
Linda K. Harvie, 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.
In his fifth formal appearance before the juvenile court, 17-year old Jimmy L. initially admitted an allegation that he committed felony commercial burglary contingent on his being granted deferred entry of judgment. After the court found him unsuitable for deferred entry of judgment, the prosecutor amended the petition and Jimmy admitted he committed misdemeanor burglary. (Pen. Code, §§ 459, 17, subd. (b)(4)). At the disposition hearing on September 17, 2010, the court continued Jimmy as a ward of the court and committed him to the Tulare County Probation Youth Facility for 365 days under the supervision of the probation department and subject to the usual terms and conditions. The court set his maximum period of confinement at two years and one month, less 268 days of custody credit. Jimmy filed a timely notice of appeal.
Further statutory references are to the Penal Code unless otherwise indicated.
Jimmy’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Jimmy has not responded to this court’s invitation to submit additional briefing.
FACTS AND PROCEDURAL HISTORY
Jimmy came from a troubled home. His father died before he was born and his mother had multiple incarcerations as well as a history with child protective services. Jimmy had been the subject of six Welfare and Institutions Code section 602 petitions since 2007, when he was 14 years of age. His prior offenses, all misdemeanors, included two counts of vandalism (§ 594, subd. (a)), trespassing (§ 602, subd. (k)), disturbing the peace by fighting (§ 415, subd. (1)), three counts of battery (§ 242), and violation of probation by failing to attend school regularly, testing positive for marijuana, and leaving home without permission (Welf. & Inst. Code, § 777).
Jimmy was first declared a ward of the court in June 2007 and placed on probation in his mother’s home. He continued to offend and was placed in the “Short Term Program” at the Youth Treatment Center in October 2008. In April 2010, he admitted he had violated his probation; he was again placed on probation at home with his mother.
On July 29, 2010, Jimmy was caught attempting to take nearly $300 worth of groceries out of a store without paying for them. Jimmy told the probation officer he had gone to the store with his mother’s friend, Dora, who needed help because she had her baby with her. She asked him to get baby food and then to meet her by the bathrooms. When Dora was paying for the baby food, Jimmy noticed the second basket. As they walked out of the store, Dora asked him to retrieve the second basket because she had forgotten it. Jimmy said he assumed the groceries were paid for, but the security guard grabbed him as he left the store. According to Jimmy, Dora ran and said she did not know him. Although Jimmy insisted he did not know the groceries were not paid for, he admitted the burglary in the hope of being granted deferred entry of judgment so he would not have a felony on his record.
Jimmy had recently completed his junior year of high school with a GPA of 1.07, but was about a year behind in credits. He told the probation officer he attended school pretty much every day and had good behavior, but also admitted he was facing an expulsion hearing because he had been caught with marijuana on school grounds. Jimmy has used marijuana since age 12 on a daily basis, if he has the money to buy it. He has used alcohol monthly since age 14.
Jimmy’s mother stated she did not feel Jimmy was “fully responsible” for the stolen groceries, but had to be held accountable for his actions. He continued to exhibit a complete disregard for the rules she set in her home. She had found marijuana and a smoking device in her home a week earlier. She and Jimmy had argued and Jimmy had moved in with his cousin. Jimmy did not take responsibility for his actions and blamed others for his trouble. She had tried to discipline him, without success, and he was not home a majority of the time. She did not believe he would benefit from being returned home.
The probation officer’s report noted, in aggravation, Jimmy was currently on formal probation, but failed to comply with the terms and conditions imposed. His probation officer reported he was always getting into trouble and did as he pleased. She suggested a commitment to the Youth Treatment Center, at a minimum, would be beneficial for Jimmy.
The court found Jimmy was not suitable for deferred entry of judgment based on the probation officer’s report and his constant use of marijuana. Jimmy was allowed to withdraw his admission to the felony burglary charge. Jimmy then admitted an amended petition alleging misdemeanor burglary.
The probation officer’s report considered the available disposition options and recommended that Jimmy be committed to the Tulare County Probation Youth Facility Program for 365 days. The court agreed with the recommendation and placed Jimmy accordingly.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.