Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 08 50438
BUTZ, J.
In April 2008, minor M.A., age 17, admitted that she came within the provisions of Welfare and Institutions Code section 602 in that she committed felony vandalism with damage of $400 or more (Pen. Code, § 594, subd. (b)(1)), was under the influence of alcohol in a public place (id., § 647, subd. (f)), and resisted a peace officer (id., § 148, subd. (a)(1)). In exchange, several related counts were dismissed. She was declared a ward and placed on probation in the residence of her guardian on conditions including 30 days of “Intensive Home Supervision” that included electronic monitoring. A contested restitution hearing was scheduled.
In late April 2008, a notice was filed alleging that the minor violated her probation by removing her electronic monitor and leaving her home. The minor admitted the violation and was returned to her guardian on the previous terms and conditions.
In June 2008, a notice was filed alleging that the minor violated her probation by twice being away from her residence during prohibited hours. The minor admitted the violation. She was committed to a youth corrections center and ordered to make restitution to the victim in the amount of $50 per month.
In December 2008, a declaration was filed alleging that the minor (who had become an adult) failed to return following a 48-hour furlough from the youth corrections center. A warrant was issued for her arrest. More than one month later, she voluntarily returned to the corrections center. In January 2009, she admitted the allegation that she had failed to return from furlough. The juvenile court reinstated the minor’s wardship for the purpose of adopting the findings and imposing the orders that had been recommended in a probation report, including an order that she make restitution to the victim in the amount of $4,100.08, jointly and severally with her guardian and other persons found responsible for the incident. The court designated the minor’s wardship unsuccessful and terminated it forthwith. She was sentenced to county jail for 17 days with 17 days’ credit for time served.
Because the petitions’ allegations were resolved by plea, our statement of facts is taken from the probation officer’s report.
On February 4, 2008, the manager of an automobile dealership noticed that two cars on his lot had been splattered with paint. He found a paint can, two paint brushes, and numerous beer cans in the area, which borders an apartment complex. The manager noticed that the window of an apartment was open and that the interior walls bore graffiti that matched the color of the paint in the can and on the cars in the lot.
Investigating officers entered the apartment and found graffiti on the walls and damage to the carpet, linoleum, and a light fixture. The apartment owner provided a repair estimate in the amount of $4,100.08.
Officers discovered that the minor had a prior police contact near the vandalism site. An officer contacted her and asked if she knew about the vandalism. She advised that “they” had some beer, that a co-participant broke into the apartment, and that she then entered the unit along with two other co-participants. The police interviewed the participants; each denied personal responsibility for the vandalism and attributed it to one or more of the others.
On March 18, 2008, a Yreka police officer contacted the minor as she stumbled across an intersection. She advised that she had consumed three shots of alcohol. A preliminary alcohol screening test revealed a blood-alcohol content of 0.232 percent.
The officer transported the minor to a medical center where she screamed, cussed, and refused to talk to the doctor. The officer advised the minor that she was going to be cited for being drunk in public and other offenses. She refused to cooperate and tried to walk out of the hospital room. She began screaming louder and started kicking officers. The officers hobbled her feet to prevent her from kicking. She continued to be combative and uncooperative, and she refused to answer questions from the doctor. She threatened to kill the officers, cussed out the nurses and doctor, and demanded a lawyer.
DISCUSSION
We appointed counsel to represent the minor on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) The minor was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from the minor. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to the minor.
DISPOSITION
The judgment is affirmed.
We concur: BLEASE, Acting P. J., RAYE, J.