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In re Joseph

Court of Appeals of California, First District, Division One.
Nov 7, 2003
A102733 (Cal. Ct. App. Nov. 7, 2003)

Opinion

A102733.

11-7-2003

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


Joseph L. appeals from his adjudication as a continued ward of the court and his out of home placement. Appellants court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

A supplemental petition (Welf. & Inst. Code, § 777) filed in the Juvenile Division of the Solano County Superior Court alleged that appellant, a previously adjudicated ward of the court pursuant to Welfare and Institutions Code section 602, violated the courts orders by committing battery (Pen. Code, § 242) and battery resulting in serious bodily injury (§ 243, subd. (d)). Both offenses were alleged as misdemeanors.

Appellant admitted committing battery (§ 242) with the understanding that the remaining allegation would be dismissed.

Before the dispositional hearing, the prosecution filed an amended supplemental petition alleging that appellant committed six new offenses: two felonies, possession of a firearm by a minor (§ 12101, subd. (a)(1)) and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)); and four misdemeanors, exhibiting a deadly weapon (& sect; 417, subd. (a)(1)), vandalism (§ 594, subd. (b)(2)(A)) and two counts of battery (§ 242).

Appellant admitted being a minor in possession of a firearm (& sect; 12101, subd. (a)(1)) and battery (§ 242), a misdemeanor, with the understanding that the remainder of the amended supplemental petition would be dismissed.

The court adjudicated appellant a continued ward of the court and placed him at Fouts Springs Boys Ranch with a maximum confinement time of six years and ten months. The court granted appellant 107 days credit toward his maximum period of confinement for days previously spent in custody and ordered appellant to pay a $100 restitution fine.

Before appellant entered his admissions, the court advised him of the direct consequences and the constitutional rights he would be waiving. Appellant waived the enumerated constitutional rights and knowingly and voluntarily admitted the petitions allegations.

Appellant was represented by counsel throughout the proceedings.

There was no error in the disposition.

There are no issues that require further briefing

The orders adjudicating appellant a continued ward of the court and placing him outside the parental home are affirmed.

We concur: Marchiano, P. J. and Stein, J. --------------- Notes: All fuerther, undesignated statutory references are to the Penal Code.


Summaries of

In re Joseph

Court of Appeals of California, First District, Division One.
Nov 7, 2003
A102733 (Cal. Ct. App. Nov. 7, 2003)
Case details for

In re Joseph

Case Details

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

Court:Court of Appeals of California, First District, Division One.

Date published: Nov 7, 2003

Citations

A102733 (Cal. Ct. App. Nov. 7, 2003)