Opinion
H037965
09-14-2012
In re A.G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.G., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Santa Clara County Super. Ct. No. JV38034)
Minor, A.G., appeals from a dispositional order entered by the juvenile court after the minor admitted 10 counts of felony vandalism (Pen. Code, § 594, subds. (a), (b)(1)), as alleged in two petitions filed under Welfare and Institutions Code section 602. We appointed counsel to represent the minor in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We attempted to notify the minor of his right to submit written argument in his own behalf within 30 days by mailing written notice to the minor's last known address. Thirty days have elapsed and we have had no response from the minor; the notice was returned as undeliverable.
I. Summary of the Evidence
Because the minor had previously admitted to having used certain recognizable graffiti "tags," San Jose Police Officers suspected that he was responsible for similar graffiti discovered on public and private property in and about the City of San Jose in late 2010 and early 2011. After being advised of his right to remain silent, the minor admitted responsibility for some of the vandalism and denied his role with regard to others.
On February 9, 2011, the district attorney filed two petitions under Welfare and Institutions Code section 602, alleging six instances of felony vandalism and four related misdemeanors. A second petition was filed on August 5, 2011, alleging two counts of felony vandalism and three related misdemeanors.
On August 19, 2011, the minor admitted all the allegations of felony vandalism in both petitions (eight counts) and the misdemeanors were dismissed. The juvenile court placed him on probation under electronic monitoring for 75 days. On October 19, 2011, the district attorney filed a notice of violation of probation based upon the allegation that the minor had been arrested for being in possession of a vandalism tool (a drill bit) and testing positive for marijuana on five separate occasions. The minor admitted the allegations.
One of the conditions of the minor's probation was that he pay restitution of $176 to St. Christopher School and $361.20 to Broadway High School. He challenged the amount of restitution sought by the City of San Jose. On February 9, 2012, a contested restitution hearing was held. The minor argued that the method by which the city calculated the amount of its damages resulted in a figure that included damage inflicted by others. The juvenile court found the city's calculation of the costs to remediate the graffiti was rational and reasonable and ordered restitution to the City of San Jose in the amount of $19,725.50. The minor has filed a timely notice of appeal.
II. Conclusion
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the whole record and have concluded there is no arguable issue on appeal.
III. Disposition
The judgment is affirmed.
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Premo, J.
WE CONCUR:
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Rushing, P.J.
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Elia, J.