Opinion
NOT TO BE PUBLISHED
Monterey County Super. Ct. No. J41968
Mihara, J.
Appellant S.C. challenges the juvenile court’s order committing him to the Division of Juvenile Justice (DJJ). His appointed appellate counsel raises no issues on appeal, and we find that there are no arguable issues. Therefore, we affirm the court’s order.
I. Factual and Procedural Background
On February 26, 2007, officers responded to a report of individuals in possession of a firearm. Appellant, who was 14 years old at the time, and another youth ran away when they saw an officer. As appellant and his companion matched eyewitness descriptions of the individuals with a firearm, they were detained. Appellant was cited for trespassing.
On March 10, 2007, officers attempted to make contact with several individuals who were trespassing. The individuals ran away. One of them was appellant. He hopped a fence and was seen grabbing at his waistband. The officers ordered appellant to stop, but he continued running away. Eventually, an officer caught up to appellant. Appellant initially refused to put his hands behind his back so that he could be handcuffed. He was arrested for trespassing and resisting arrest.
On April 4, 2007, an initial Welfare and Institutions Code section 602 petition was filed alleging that appellant had trespassed and resisted arrest (Pen. Code, § 148, subd. (a)(1)).
On April 14, 2007, appellant was the instigator of a gang-oriented fight. During the fight, appellant and his friends attacked two individuals, and appellant punched one victim 16 times and also hit the other victim. Appellant fled when the police arrived.
On May 30, 2007, a second Welfare and Institutions Code section 602 petition was filed alleging that appellant, who was then 15 years old, had conspired to commit battery (Pen. Code, § 182, subd. (a)(1)) and committed two counts of battery (Pen. Code, § 242) in association with a gang (Pen. Code, § 186.22, subd. (b)(2)).
Appellant admitted the battery allegations, one as a felony and one as a misdemeanor, and the gang allegation as to the felony count. The other counts in the two petitions were dismissed. Appellant was declared a ward, and placed on probation for two years with various conditions including serving 40 days in juvenile hall.
On August 23, 2007, appellant refused to submit a urine sample for a probation drug test. On the same date, appellant was seen just outside the gates of Salinas High School, where the terms of his probation prohibited him from being. The next day, appellant admitted that he had used marijuana, and he submitted a urine sample that tested presumptively positive for marijuana and cocaine. He also admitted that he had cut his hair very short a month earlier, which was in violation of a condition of his probation prohibiting haircuts under an inch.
On August 27, 2007, a Welfare and Institutions Code section 777 petition was filed alleging that appellant had violated his probation by failing to submit to a drug test, coming within a block of Salinas High School, using marijuana, and violating the haircut condition. Appellant admitted these allegations, and he was ordered to serve 45 days in juvenile hall.
On September 4, 2007, appellant tested presumptively positive for cocaine. The next day, appellant admitted using cocaine. When he was arrested, he yelled “I don’t give a fuck.” On September 7, 2007, another Welfare and Institutions Code section 777 petition was filed alleging that appellant had violated his probation by testing presumptively positive for cocaine and failing to register as a gang member. On September 10, 2007, appellant admitted these allegations.
On October 22, 2007, appellant again tested positive for cocaine and admitted using cocaine. Another Welfare and Institutions Code section 777 petition was filed alleging that he had again violated his probation. Appellant admitted the allegation, and he was ordered to serve additional time in juvenile hall.
On December 7, 2007, appellant left his home at 4:00 p.m. and did not return until 4:00 a.m. On December 10, 2007, he again tested positive for cocaine. He admitted using alcohol and cocaine. Another Welfare and Institutions Code section 777 petition was filed on December 11, 2007 alleging that appellant had violated his curfew, used cocaine and alcohol, and again cut his hair in violation of the terms of his probation. Appellant admitted these allegations and was ordered to serve additional time in juvenile hall.
On February 12, 2008, appellant was suspended from school for “bad behavior.” That afternoon, he was found drunk in public. When he was contacted by the police, he said: “Fuck it. I don’t give a shit.” He also told an officer “Fuck you pigs.” Appellant continued to yell profanities and was uncooperative with the arresting officer. He was arrested for being drunk in public (Pen. Code, § 647, subd. (f)) and resisting arrest (Pen. Code, § 148, subd. (a)(1)). The following day, he tested positive for cocaine and admitted using cocaine and alcohol.
On February 14, 2008, a third Welfare and Institutions Code section 602 petition was filed alleging that appellant had been drunk in public (Pen. Code, § 647, subd. (f)). A Welfare and Institutions Code section 777 petition was also filed alleging that appellant had violated his probation by being suspended from school, consuming alcohol and cocaine, and being arrested for being drunk in public. Appellant admitted the allegations in these two petitions and was ordered to serve additional time in juvenile hall.
On June 11, 2008, a probation search found a substantial quantity of gang indicia at appellant’s residence. The next day, appellant and his mother appeared at the probation department for a meeting. Appellant was asked to provide a urine sample. Instead, he left the premises, and his whereabouts were unknown for more than three weeks.
On June 17, 2008, another Welfare and Institutions Code section 777 petition was filed alleging that appellant had violated his probation by possessing gang indicia, absconding from his home, and failing to attend school. A warrant was issued for his arrest.
On July 6, 2008, police officers investigating a shooting found appellant hiding under a bed in a residence where firearms were found. Appellant admitted that he had hidden to evade the officers. Appellant admitted using marijuana and cocaine. His hair length again violated the haircut term of his probation.
On July 8, 2008 a fourth Welfare and Institutions Code section 602 petition was filed alleging that appellant had resisted arrest (Pen. Code, § 148, subd. (a)(1)) on July 6. At the same time, an amended Welfare and Institutions Code section 777 petition was filed with the additional allegations that appellant had violated his probation by his arrest, by using cocaine and marijuana, and by violating the haircut condition again.
On July 10, 2008, while incarcerated at juvenile hall, appellant attacked another boy from behind, repeatedly punched the boy, and then kicked him in the head, knocking him unconscious. The victim was hospitalized with a head injury.
On July 16, 2008, a fifth Welfare and Institutions Code section 602 petition was filed alleging that appellant had committed aggravated assault (Pen. Code, § 245, subd. (a)(1)). A Welfare and Institutions Code section 777 petition was filed based on the same allegation.
Appellant, now 16 years old, admitted the allegations in the four July 2008 petitions. When appellant was asked for a statement by the probation department, he “laugh[ed] sarcastically and showed no remorse for his actions.” The probation officer’s report indicated that, if the court committed appellant to the DJJ, appellant would spend two years at the DJJ during which he would be required to attend high school, gang awareness classes, substance abuse classes, anger management classes, and classes on the impact on victims of crime.
The court declared the aggravated assault offense to be a felony and a Welfare and Institutions Code section 707, subdivision (b) offense. After making the necessary findings, the court committed appellant to the DJJ. Appellant’s maximum confinement time was set at five years and six months. He received credit for 232 days that he had already served in confinement. Appellant filed a timely notice of appeal.
II. Discussion
Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Appellant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal. Appellant admitted all of the allegations, and the record amply supports the juvenile court’s decision to commit him to the DJJ.
III. Disposition
The juvenile court’s order is affirmed.
WE CONCUR: Premo, Acting P. J., Elia, J.