Opinion
H044355
09-15-2017
IN RE A.H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.H., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. JV41880)
The Santa Clara County District Attorney filed an amended petition in August 2016 alleging the minor came within the provisions of Welfare and Institutions Code section 602, subdivision (a) and had committed acts which would have constituted four felonies and one misdemeanor had they been committed by an adult. In October 2016, the minor admitted the allegations as to two of the charged felonies, namely, vandalism (Pen. Code, § 594, subds. (a), (b)(1)) and aggravated assault (§ 245, subd. (a)(4)). After finding the allegations of the amended petition true as to those counts, the court adjudged the minor a ward of the court, placed him on probation, returned him to the care of his adoptive parents, and dismissed the remaining counts.
All further statutory references are to the Penal Code unless otherwise stated. --------
The minor filed a timely notice of appeal, and we appointed counsel to represent him in this court. Appointed counsel has filed an opening brief that states the case and facts but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. The 30-day period has elapsed and we have received no response from the minor.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record. (See also In re Kevin S. (2003) 113 Cal.App.4th 97, 119 [procedures under Wende applicable to minor's appeal in delinquency case].) Following the California Supreme Court's direction in Kelly, supra, at page 110, we provide "a brief description of the facts and procedural history of the case, the crimes of which the [minor] was [adjudicated as having committed], and the punishment imposed."
FACTUAL BACKGROUND
A. Count 3 (Vandalism)
On June 21, 2016, San Jose police responded to a report that a male youth was in the vicinity of Plata Arroyo Park in San Jose with a chain in his hand who was about to start a fight. Victim Pe Benito reported to responding officers that a male who had a chain had broken her car windows. Police located the minor, a male matching the description given by Pe Benito, and she positively identified the minor as the person who had broken her car windows. At the time, the minor was wearing a red shirt and carrying a red bandana. It was stated in the police report that the color red is associated with the Norteño criminal street gang and gang members often carry a red bandana to identify their gang affiliation to others. The probation report also noted that while the minor was in Juvenile Hall after his detention, he was involved in two gang-related incidents.
B. Count 5 (Assault By Force Likely To Produce Great Bodily Injury)
According to the probation report, on May 30, 2016, victim Castro was accosted in Plata Arroyo Park by a male youth wearing a red shirt. The youth brandished a folding knife and demanded that Castro give him his skateboard and hat. Castro complied and the male youth punched Castro in the nose and fled. At a later time (July 8, 2016), Castro noticed the youth at the same park and contacted the police. Castro identified the youth to the responding officers, who was the minor, as the person who had assaulted him on May 30. The officers then transported the minor to Juvenile Hall.
PROCEDURAL BACKGROUND
In August 2016, the Santa Clara County District Attorney filed an amended petition alleging the minor came within the provisions of Welfare and Institutions Code section 602, subdivision (a) and had committed acts which would have constituted four felonies and one misdemeanor had they been committed by an adult: second degree robbery, a felony (§§ 211, 212, subd. (c); count 1) with a special allegation that he used a deadly or dangerous weapon, a knife, during the commission of count 1 (§ 12022, subd. (b)(1)); resisting a peace officer, a misdemeanor (§ 148, subd. (a)(1); count 2); vandalism, a felony (§ 594, subds. (a), (b)(1); count 3); dissuading a witness by force or threat, a felony (§ 136.1, subd. (c)(1); count 4); and assault by force likely to produce great bodily injury, a felony (§ 245, subd. (a)(4); count 5). Pursuant to a plea agreement, in October 2016 the minor admitted the allegations of counts 3 and 5 in exchange for a dismissal of the remaining counts. The court found the allegations of the amended petition true as to counts 3 and 5 and dismissed the remaining counts.
At the disposition hearing on November 15, 2016, the court adjudged the minor a ward of the court, dismissed counts 1, 2, and 4 of the petition, placed the minor on probation subject to various terms and conditions, and returned him to the custody of his adoptive parents. Among the probation conditions imposed by the court were (1) a weapons condition prohibiting the minor from "knowingly own[ing], us[ing], or possess[ing] a dangerous or deadly weapon," and (2) "knowingly associat[ing] with any person [the minor] knows to be, or that the Probation Officer informs him to be, a gang member." The gang condition was imposed by the court over the objection of the minor's counsel.
DISCUSSION
Having carefully reviewed the entire record, we conclude that there are no arguable issues on appeal. (Wende, supra, 25 Cal.3d at pp. 441-443.)
DISPOSITION
The judgment is affirmed.
/s/_________
BAMATTRE-MANOUKIAN, J. WE CONCUR: /s/_________
ELIA, ACTING P.J. /s/_________
MIHARA, J.