Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Alameda County Super. Ct. No. SJ08008980
NEEDHAM, J.
D.S. appeals from a judgment declaring him a ward of the juvenile court under Welfare and Institutions Code section 602 and placing him on probation. Court-appointed counsel has briefed no issues, but has asked this court to independently review the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm.
I. BACKGROUND
On November 3, 2007, appellant entered a Babies R Us store in Fairfield with four other young men. The group went to the apparel department at the back of the store. The store manager thought the group was loitering. He spoke to one of the young men about a shoe for a two-year-old but was then paged for a telephone call. He continued watching the men as he spoke on the phone. They committed no crimes, but gave him dirty looks.
After the manager finished his call, appellant approached him angrily and asked, “What’s your problem? Are you gay? Are you a fag[g]ot?” The manger told the men to leave to store. Appellant spit his gum at the manager and began knocking clothes off the racks as he walked toward the door. He stepped on and soiled some of the items, making them unsellable. The manager estimated the damage to be about $240.00.
The manager called the police and officers detained the group. Appellant admitted being in the store and spitting his gum at the manager, but he denied knocking any clothing off the racks.
The Solano County District Attorney filed an amended juvenile petition alleging that appellant had committed vandalism under Penal Code section 594, subdivision (a) and an attempted battery under Penal Code sections 242 and 664. Following a contested hearing, the Solano County juvenile court sustained the vandalism allegation and dismissed the attempted battery allegation. Appellant had previously admitted an allegation (charged in the original juvenile petition) that he violated Penal Code section 71 by threatening a teacher during a separate incident.
The case was transferred to Alameda County for disposition, at which time appellant was declared a ward of the court and placed on probation in the custody of his mother. Among other probation conditions, he was ordered to pay $236.94 in restitution to Babies R Us.
II. DISCUSSION
As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we affirmatively note that appointed counsel has filed a Wende brief raising no issues, that appellant has been advised of his right to file a supplemental brief, and that appellant did not file such a brief. We have independently reviewed the entire record for potential error and find none. The evidence was sufficient to support the true finding on the vandalism count, the restitution imposed was reasonable and supported by the record, and appellant was advised of his constitutional rights before entering his admission to the violation of Penal Code section 71.
The judgment is affirmed.
We concur. SIMONS, Acting P. J., DONDERO, J.
Judge of the Superior Court of San Francisco City and County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.