From Casetext: Smarter Legal Research

In re Kim P.

California Court of Appeals, First District, Fourth Division
Mar 18, 2008
No. A117693 (Cal. Ct. App. Mar. 18, 2008)

Opinion


In re KIM P., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. KIM P., Defendant and Appellant. A117693 California Court of Appeal, First District, Fourth Division March 18, 2008

NOT TO BE PUBLISHED

Alameda County Super. Ct. No. OJ06003820

Reardon, J.

On June 13, 2006, appellant, minor Kim P., admitted allegations in a 602 petition of burglary (Pen. Code, § 459) and automobile theft (Veh. Code, § 10851). He was placed on probation. On October 25, 2006, another 602 petition was filed alleging three misdemeanors: burglary (count 1 - Pen. Code, § 459); malicious mischief (count 2 - Pen. Code, § 594, subd. (b)(2)); and trespass (count 3 - Pen. Code, § 602, subd. (l)). Following a contested hearing, the trial court sustained counts 1 and 3, and dismissed count 2. At the dispositional hearing, the minor was continued on probation.

Evidence adduced at the contested hearing established that appellant and “Eddie,” another minor, were present together inside the locked gates at Fremont High School on the evening of July 31, 2006. When confronted by the custodian, Eddie dropped a fan, a boom box, and a backpack. Appellant and Eddie then fled toward the gym side of the campus, out of the sight of the custodian. Oakland police, who were summoned to a burglary in progress, apprehended Eddie and appellant just outside the school premises. Inside the school, a fire extinguisher had been sprayed in a hallway, classroom doors had been opened, and certain items had been taken from the rooms.

Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.

Appellant was represented by counsel throughout the proceedings. The evidence supports the trial court’s findings. There was no abuse of discretion in continuing wardship of appellant.

The minute orders of May 3 and May 8, 2006, list an incorrect subdivision for count 3, trespass. The correct violation is Penal Code section 602, subdivision (l). As corrected, the orders are affirmed.

We concur: Ruvolo, P.J., Sepulveda, J.


Summaries of

In re Kim P.

California Court of Appeals, First District, Fourth Division
Mar 18, 2008
No. A117693 (Cal. Ct. App. Mar. 18, 2008)
Case details for

In re Kim P.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KIM P., Defendant and Appellant.

Court:California Court of Appeals, First District, Fourth Division

Date published: Mar 18, 2008

Citations

No. A117693 (Cal. Ct. App. Mar. 18, 2008)