From Casetext: Smarter Legal Research

In re Michael M.

California Court of Appeals, Fourth District, First Division
Feb 24, 2011
No. D057691 (Cal. Ct. App. Feb. 24, 2011)

Opinion


In re MICHAEL M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. MICHAEL M., Defendant and Appellant. D057691 California Court of Appeal, Fourth District, First Division February 24, 2011

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County, No. J208281, Polly H. Shamoon, Judge.

IRION, J.

In September 2009 Michael M. entered a negotiated admission to assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and grand theft of a firearm (Pen. Code, § 487, subd. (d)(2)). In November the court declared Michael a ward, placed him under the supervision of the probation officer and committed him to Camp Barrett for a period not to exceed 365 days. In March 2010 Michael admitted violating probation, and the court ordered him to complete the balance of his Camp Barrett commitment. In June the court found Michael had violated probation again and committed him to the San Diego County Probation Department's Youthful Offender Unit (YOU) program. Michael appeals. We affirm.

BACKGROUND

On May 17, 2009, Michael pointed a handgun at the victim during an argument. The gun was loaded but without a bullet in the chamber. Michael had stolen the gun earlier that day.

By March 2010 Michael had accumulated five rule violations and had been administratively removed from Camp Barrett twice. He admitted violating probation by being administratively removed from Camp Barrett.

Michael was returned to Camp Barrett on April 30, 2010, after the court ordered him to complete the balance of his commitment. On May 9 Michael and three other wards used telephones without permission. The other wards complied with a staff member's order to hang up the telephones. Michael ignored the order. The staff member disconnected Michael's telephone call. Michael yelled profanities at the staff member, a rule violation. When speaking with a supervisor about this incident, Michael again used profanities. When the supervisor asked Michael if he were trying to establish dominance by using profanity, Michael replied, "No, I establish dominance by fucking people up."

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists as possible, but not arguable, issues: (1) whether the evidence was sufficient to support a true finding that Michael had violated probation; (2) whether the court abused its discretion by committing Michael to YOU rather than a less restrictive placement; and (3) whether the court erred by failing to terminate the wardship.

We granted Michael permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Michael has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J., McINTYRE, J.


Summaries of

In re Michael M.

California Court of Appeals, Fourth District, First Division
Feb 24, 2011
No. D057691 (Cal. Ct. App. Feb. 24, 2011)
Case details for

In re Michael M.

Case Details

Full title:In re MICHAEL M., a Person Coming Under the Juvenile Court Law. THE…

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

Date published: Feb 24, 2011

Citations

No. D057691 (Cal. Ct. App. Feb. 24, 2011)