Opinion
NOT TO BE PUBLISHED
Contra Costa County Super. Ct. No. J0901514
Jenkins, J.
This is an appeal from dispositional orders entered on September 24 and October 28, 2010, after the juvenile court found L.P. (minor) had twice violated the terms of his probation. Based upon minor’s first probation violation, the juvenile court extended by 14 days his commitment to the Orin Allen Youth Rehabilitation Facility (OAYRF). Based upon the second such violation, the juvenile court committed him to the Youth Offender Treatment Program.
After minor filed a timely notice of appeal, appellate counsel was appointed to represent him. Appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (People v. Wende), in which she raises no issue for appeal and asks this court for an independent review of the record. (See also People v. Kelly (2006) 40 Cal.4th 106, 124 (People v. Kelly).) Counsel attests that minor was advised of his right to file a supplemental brief in a timely manner, but he has not exercised such right.
We have examined the entire record in accordance with People v. Wende. For reasons set forth below, we agree with counsel that no arguable issue exists on appeal. Accordingly, we affirm the juvenile court’s dispositional orders.
FACTUAL AND PROCEDURAL BACKGROUND
On November 4, 2009, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that minor had committed four felony burglary counts: one count of second-degree commercial burglary in violation of Penal Code section 459/460, subdivision (b) (count one), and three counts of first-degree residential burglary in violation of Penal Code section 459/460, subdivision (a) (counts two, three and four). Count one stemmed from minor’s alleged breaking and entering into Macy’s department store in Antioch on April 22, 2009 with intent to commit larceny and a felony. Counts two through four stemmed from his alleged unlawful entry into his neighbor’s home on three separate occasions in late May and early June 2009, during which it was reported to police that vandalism was committed and various items stolen. Notice was subsequently filed that minor was eligible for Deferred Entry of Judgment.
Unless otherwise stated, all statutory citations herein are to the Penal Code.
Minor had previously been made a ward of the juvenile court in September 2007 based on his commission of the offense of misdemeanor second-degree commercial burglary. This wardship terminated in August 2008 upon minor’s successful completion of his probation.
Minor denied these allegations, and an amended petition was thereafter filed on December 18, 2009, adding two counts: second-degree commercial burglary (§ 459/460, subd. (b)) (count five) and receipt of stolen property (§ 496, subd. (a)) (count six). Counts five and six stemmed from minor’s alleged unlawful entry into Antioch High School on May 12, 2009, at which time he allegedly stole items from another student’s locker, including an IPOD and $20 in cash from a backpack in the locker.
On January 26, 2010, minor denied the allegations in the amended petition, and a detention hearing was then held March 11, 2010. Following this hearing, minor was released to his mother’s custody subject to electronic monitoring. However, minor was detained in juvenile hall on May 7, 2010, after the probation department reported several violations of the terms of his home supervision.
On May 24, 2010, a jurisdictional hearing was held, at which minor admitted counts two, three and six of the amended petition, and the remaining counts were dismissed. Following a dispositional hearing on June 14, 2010, minor was committed to OAYRF for 365 days with a maximum term of confinement of eight years.
On September 1, 2010, a notice of probation violation was filed, alleging minor had violated several rules of OAYRF by failing to wear a uniform, refusing to attend school and arguing with staff. Minor admitted one violation and, on September 24, 2010, the juvenile court ordered him committed to OAYRF for an additional 14 days.
On October 18, 2010, a second notice of probation violation was filed, alleging minor spat and threw a pencil at another OAYRF ward. Minor admitted attempting to spit at the ward and, on October 28, 2010, the juvenile court declined his request to return to OAYRF and instead ordered him committed to the Youth Offender Treatment Program. In doing so, the juvenile court noted minor had a maximum term of confinement of eight years with 175 days of custody credit.
On November 1, 2010, minor filed a timely notice of appeal of the juvenile court’s September 24 and October 28, 2010 dispositional orders.
DISCUSSION
Neither appointed counsel nor minor has identified any issue for our review. Upon our own independent review of the record, we agree none exists. (People v. Wende, supra, 25 Cal.3d 436.) The juvenile court found that minor’s commitment to OAHYF for 14 additional days, followed by his commitment to the Youth Offender Treatment Program to finish his term of confinement, was appropriate following his admission that he committed two separate violations of the terms of his probation. These violations followed minor’s failure to abide by the terms of his home supervision, which had earlier resulted in his detention in juvenile hall. Given minor’s repeated refusal to obey the terms of his probation, the juvenile court’s decisions to deny his request to return to OAHYF and to instead commit him to the Youth Offender Treatment Program were within the scope of its discretion. (See In re Angela M. (2003) 111 Cal.App.4th 1392, 1396 [a juvenile court’s commitment decision is reviewed for abuse of discretion, with all reasonable inferences indulged to support its decision].)
Thus, having ensured minor has received adequate and effective appellate review, we affirm the juvenile court’s dispositional orders. (People v. Kelly, supra, 40 Cal.4th at pp. 112-113; People v. Wende, supra, 25 Cal.3d 436.)
DISPOSITION
The juvenile court’s dispositional orders of September 24, 2010 and October 28, 2010 are affirmed.
We concur: Pollak, Acting P. J., Siggins, J.