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In re W.H.

California Court of Appeals, Fourth District, First Division
Nov 30, 2007
No. D050757 (Cal. Ct. App. Nov. 30, 2007)

Opinion


In re W.H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. W.H., Defendant and Appellant. D050757 California Court of Appeal, Fourth District, First Division November 30, 2007

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Imperial County Super. Ct. No. JJL23545, Poli Flores, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)

IRION, J.

W.H. entered a negotiated admission to discharging a firearm at an occupied vehicle (Pen. Code, § 246). The court committed him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) and set the maximum term for all petitions at nine years. W. appeals. We affirm.

Statutory references are to the Penal Code unless otherwise specified.

BACKGROUND

In June 2004 in San Diego County, W. entered a negotiated admission to grand theft from a person (§ 487, subd. (c)). In July the juvenile court adjudged him a ward, placed him on probation, and stayed a 150-day commitment to the Breaking Cycles program. In August W. entered a negotiated admission to falsely identifying himself to a peace officer (§ 148.9, subd. (a)), a misdemeanor, and the court lifted the stay on the Breaking Cycles commitment. In October W. entered another negotiated admission to falsely identifying himself to a peace officer, and the court extended the Breaking Cycles commitment for 90 days.

In February 2005 W. entered a negotiated admission to vandalism (§ 594, subds. (a), (b)(2)(A)), a misdemeanor, and the court again committed him to Breaking Cycles for 150 days In June W. admitted possessing cocaine base (Health & Saf. Code, § 11350, subd. (a)), and the court committed him to Breaking Cycles for 365 days.

In January 2006 W. admitted violating probation. In February the court ordered that he complete specified programs at the Juvenile Ranch Facility. In May the court ordered W. placed on home supervision. In June the court committed him to Breaking Cycles for 365 days. In July W. entered a negotiated admission to obstructing an officer (§ 148, subd. (a)(1)), a misdemeanor. In August he admitted making a threat which would result in death or great bodily injury (§ 422) and the court transferred the case to Imperial County. In September the Imperial County Juvenile Court placed W. on probation.

On December 1, 2006, there was a shooting in a parking lot next to a San Diego park. San Diego Police officers detained two juveniles who were running through the park. While an officer was interviewing one of the victims of the shooting, W. walked past. The victim said, "That's him. That's the guy." After a chase, W. was taken into custody. He had a loaded handgun in his pocket. W. entered the negotiated admission to discharging a firearm at an occupied vehicle, and the San Diego juvenile court transferred the case to Imperial County for disposition. In March 2007 the Imperial County Juvenile Court committed W. to DJJ for a maximum term of nine years.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He 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, he lists, as possible but not arguable issues: (1) whether the juvenile court must utilize less intrusive remedies before committing a minor to DJJ; and (2) whether the court abused its discretion by committing W. to DJJ.

We granted W. 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. W. has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J., O'ROURKE, J.


Summaries of

In re W.H.

California Court of Appeals, Fourth District, First Division
Nov 30, 2007
No. D050757 (Cal. Ct. App. Nov. 30, 2007)
Case details for

In re W.H.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. W.H., Defendant and Appellant.

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

Date published: Nov 30, 2007

Citations

No. D050757 (Cal. Ct. App. Nov. 30, 2007)