Opinion
A147214
01-31-2017
In re CYRUS A., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. CYRUS A., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Alameda County Super. Ct. No. SJ080115095)
Appellant Cyrus A. appeals from the dispositional order of the Alameda County Juvenile Court terminating his probation and dismissing his wardship in a Welfare and Institutions Code section 602 proceeding. Cyrus's appointed counsel has filed a brief in which she advises that she found no arguable issues to present and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requests that this court conduct an independent review of the record to determine if there are any arguable issues that require briefing. Counsel advised Cyrus he was entitled to file a supplemental brief, but he elected not to do so.
Our review of the record reveals the following background:
In the spring of 2012, then 17-year-old Cyrus went on a crime spree, victimizing numerous auto dealerships. In March, he purchased a sports utility vehicle from Quality Auto Dealer in Hayward using a fraudulent credit card. In April, he purchased a car from Bastan Auto Center in Daly City using a fraudulent credit card. In May, he purchased tires and rims from Los Amigos Tire Pros in Manteca using a fraudulent credit card. All three incidents resulted in Welfare and Institutions Code section 602 petitions, one each in Alameda, San Mateo, and San Joaquin counties.
On May 23, 2012, in San Joaquin County Juvenile Court, Cyrus admitted three counts of felony second degree burglary arising out of the Manteca theft, and the matter was transferred to Alameda County.
On July 6, 2012, in Alameda County Juvenile Court, Cyrus admitted one count of felony second degree burglary arising out of the Hayward theft.
On July 9, 2012, in San Mateo County Juvenile Court, Cyrus admitted one count of felony burglary and one count of misdemeanor identity theft arising out of the Daly City theft, and the matter was transferred to Alameda County.
At a July 20, 2012 disposition hearing in Alameda County, the juvenile court adjudged Cyrus a ward of the court and ordered him committed to the care of the probation department for out-of-home placement. The matter was continued for the determination of restitution.
On August 28, 2012, Cyrus was placed at the Boy's Republic in Silverlake, California.
At restitution hearings in August, September, and October, Cyrus was ordered to pay the following amounts in restitution: $4,245 to Los Amigos Tire Pros; $2,265 to Bastan Auto Center; and $1,800 to Quality Auto Deal.
On March 8, 2013, the dispositional order was modified after Cyrus suffered an injury at the Boy's Republic. He was continued as a ward of the juvenile court and his care remained under the supervision of the probation department, but he was permitted to live in his father's home.
Throughout 2013, 2014, and 2015, Cyrus appeared before the juvenile court on periodic progress reports. He had exhausted all services available through the probation department, but he was maintained on formal probation due to his unfulfilled restitution obligations.
In a December 2015 probation progress report, the probation department advised that Cyrus, now 20 years old, had paid $263.48 towards the $8,310 victim restitution he owed. He was living with his mother and looking for employment. With his twenty-first birthday approaching in January 2016, the department recommended that the court terminate his probation as unsuccessful with an order for restitution/abstract of judgment (JV-790) for the outstanding restitution.
At a December 17, 2015 progress report hearing, the juvenile court dismissed Cyrus's wardship, terminated his probation as unsatisfactory, and signed three JV-790 restitution orders.
On December 24, Cyrus filed a timely notice of appeal from the December 17 dispositional order.
On July 7, 2016, Cyrus sought modification of the juvenile court's December 17 order, requesting that the court find his probation was completed satisfactorily. The court granted the request, ordering that probation was terminated as successful, an order made nunc pro tunc as of December 17. We granted his request to augment the record on appeal to reflect this modification.
We have conducted an independent review of the record and have identified no issues that require briefing.
The dispositional order is affirmed.
/s/_________
Richman, J.
We concur:
/s/_________
Kline, P.J.
/s/_________
Stewart, J.