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People v. Dylan B. (In re Dylan B.)

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE
Jan 31, 2012
A133308 (Cal. Ct. App. Jan. 31, 2012)

Opinion

A133308

01-31-2012

In re DYLAN B., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. DYLAN B., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Napa County Super. Ct. No. JV16676)

Minor Dylan B. appeals from the juvenile court's August 29, 2011 dispositional order placing him in a residential treatment program. Appellant's counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, to determine whether it contains any arguable issues. Counsel has notified appellant he can file a supplemental brief with the court. No supplemental brief has been received from appellant. Upon independent review of the record, we conclude no arguable issues are presented for review and affirm the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On November 9, 2010, Napa police officers contacted four male juveniles, including appellant, at Great Clips in response to a report the group was smoking marijuana outside the salon. Appellant was seated near a marijuana pipe. During a subsequent search "at the school," Officer Chapman determined all four boys were either in possession of or under the influence of marijuana. Appellant admitted possession of "a bottle of vodka, a bubble pack of CCC pills, and 9 Vicodin pills he admitted getting the night before without a prescription."

Over a month later, appellant was detained at Walmart after he was observed along with an adult, selecting nearly $300 worth of video games and other items, taking them into a fitting room, and removing and hiding the packaging. Appellant admitted to the arresting officer he and his adult companion "went to the store to steal games" because they "did not have any money."

On December 21, 2010, the Napa County District Attorney filed a petition pursuant to Welfare and Institutions Code section 602 alleging appellant committed one count of felony possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)) and one count of felony second degree burglary (Pen. Code, § 459). Appellant was placed on probation following his admission of both allegations

On February 12, 2011, appellant and another minor entered the Pueblo Market and stole beer and some gum. Appellant admitted one misdemeanor count of petty theft (Pen. Code, § 484, subd. (a)), as well as violating his probation (Welf. & Inst. Code, § 777) by committing the offense. Appellant was ordered to serve 148 days in juvenile hall and to participate in juvenile drug court.

Between April 25, 2011 and July 25, 2011, appellant twice admitted violating the terms of his probation by being terminated from juvenile drug court, possessing alcohol, being suspended from school, failing to attend school regularly, and possessing a switchblade. On July 25, 2011, the court continued appellant's wardship with a condition he participate in a residential treatment program at Thunder Road. The following day, appellant was released from juvenile hall to enroll in Thunder Road; however, less than 48 hours later, a staff member left a voice message with appellant's probation officer reporting appellant had run away from the facility. Napa police officers brought appellant to juvenile hall on July 30. One day later, appellant was involved in a near-physical altercation with another minor, failed to obey staff directives during the incident, and pushed a staff member's hands out of the way.

Appellant admitted violating his probation by leaving Thunder Road without permission, failing to obey the "reasonable directives of Juvenile Hall," and committing battery on a staff member. At the dispositional hearing held on August 29, 2011, the court continued appellant as a ward of the court, rejected the probation officer's recommendation appellant receive community services from The Wolfe Center, and ordered him placed in a residential treatment program

DISCUSSION

Appellant was represented by counsel throughout the proceedings. We find no indication in the record counsel provided ineffective assistance.

Appellant freely and voluntarily admitted violating his probation by leaving Thunder Road without permission, failing to obey the directives of juvenile hall, and committing battery on a staff member.

There was no dispositional error. Appellant has been continuously in and out of trouble since November 2010, beginning with his commission of felony possession of a controlled substance and felony second degree burglary. Following his third probation violation for leaving Thunder Road less than 48 hours after placement, the trial court did not abuse its discretion when it ordered appellant placed in a residential treatment program.

The court has reviewed the entire record and finds no arguable issues requiring further briefing.

Accordingly, the judgment is affirmed.

_________________

Margulies, Acting P.J.

We concur:

_________________

Dondero, J.

_________________

Banke, J.


Summaries of

People v. Dylan B. (In re Dylan B.)

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE
Jan 31, 2012
A133308 (Cal. Ct. App. Jan. 31, 2012)
Case details for

People v. Dylan B. (In re Dylan B.)

Case Details

Full title:In re DYLAN B., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE

Date published: Jan 31, 2012

Citations

A133308 (Cal. Ct. App. Jan. 31, 2012)