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In re Noe R.

California Court of Appeals, Fifth District
Jul 14, 2008
No. F054751 (Cal. Ct. App. Jul. 14, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Fresno County No. 05CEJ601594, Timothy A. Kams, Judge.

Patricia A. Andreoni, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

THE COURT

Before Levy, Acting P.J., Cornell, J., and Gomes, J.

On August 7, 2007, appellant, Noe R. and his mother Maria got in an argument because she would not let him borrow her truck. During the argument, Noe punched a hole in his mother’s bedroom door and pushed her onto her bed. Officers, who responded to the house, found several liquor bottles in the closet in Noe’s bedroom. Noe left before the officers arrived.

On August 9, 2007, at 3:00 a.m. officers responded to Noe’s house pursuant to a report that Noe was out of control and intoxicated. Although Noe locked himself in the bathroom, the officers were eventually able to get him out and arrest him. Noe was in possession of a set of brass knuckles.

On August 10, 2007, the district attorney filed a petition charging Noe with one count each of vandalism (Pen. Code, § 594, subd. (a)(1)), battery (Pen. Code, § 242.), public intoxication (Pen. Code, § 647, subd. (f)), and possession of a deadly weapon (Pen. Code, § 12020, subd. (a)).

On August 20, 2007, Noe admitted the vandalism and possession of a deadly weapon charges in exchange for the dismissal of the remaining charges.

On September 28, 2007, the court committed Noe to the Floyd Farrow Substance Abuse Unit at the Juvenile Justice Center.

On January 9, 2008, the probation department filed a Formal Probation Review alleging Noe violated his probation by failing the Substance Abuse Program by instigating peer tension, being argumentative with Juvenile Justice Center Staff, failing to follow staff directives, being verbally profane, fighting with another ward, and being disrespectful to counselors and teachers.

On January 9, 2008, after Noe admitted violating his probation by not following the Substance Abuse Unit’s rules, he asked the court to commit him to the Elkhorn Boot Camp Program. The court then awarded Noe 135 days of predisposition custody credit and committed him to the boot camp program for a period not to exceed 350 days.

On April 1, 2008, the court issued an order increasing Noe’s award of predisposition custody credit to 154 days.

On April 22, 2008, the court issued an order reducing Noe’s boot camp commitment to a period not to exceed 331 days.

Noe’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Noe has not responded to this court’s invitation to submit additional briefing.

Following independent review of the record we find that no reasonably arguable factual or legal issues exist.

The judgment is affirmed.


Summaries of

In re Noe R.

California Court of Appeals, Fifth District
Jul 14, 2008
No. F054751 (Cal. Ct. App. Jul. 14, 2008)
Case details for

In re Noe R.

Case Details

Full title:In re NOE R., a Person Coming Under The Juvenile Court Law. THE PEOPLE…

Court:California Court of Appeals, Fifth District

Date published: Jul 14, 2008

Citations

No. F054751 (Cal. Ct. App. Jul. 14, 2008)