Opinion
C081855
03-24-2017
In re J.A., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. J.A., Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. Nos. JDSQ14109, JDSQ14227, JDSQ14493, JDSQ1514, JDSQ15177, JDSQ166)
Appointed counsel for minor J.A. asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende); see also In re Kevin S. (2003) 113 Cal.App.4th 97, 119 [Wende procedure applies to appeals in juvenile delinquency cases].) Finding no arguable error that would result in a disposition more favorable to minor, we will affirm the orders of the juvenile court.
I
Minor appeals from a disposition based on nine cases: case Nos. JDSQ14109, JDSQ14227, JDSQ14493, JDSQ1514, JDSQ15177, JDSQ15301, JDSQ15333, JDSQ15445, and JDSQ166. However, the notice of appeal and amended notice of appeal include only six of those cases. Nevertheless, as part of our Wende review, we review the entire record, which includes the cases not appealed from.
Case No. JDSQ14109
On May 19, 2014, minor admitted two counts of felony first degree burglary (Pen. Code, § 459); two other burglary counts and a charge of receiving stolen property were dismissed. He was released to his mother's custody and required to wear a GPS monitor. On May 23, 2014, minor cut off his GPS unit and absconded.
Undesignated statutory references are to the Penal Code. --------
Case No. JDSQ14227
On May 25, 2014, minor burglarized a school and severely cut his arm in the process. He later admitted one count of misdemeanor vandalism (§ 594, subds. (a), (b)(2)(A)) and the remaining count was dismissed. Minor was released to his mother and stepfather's custody and subjected to 45 days monitoring. The court also imposed probation conditions "for gang identified minors."
Minor ultimately admitted cutting off his GPS unit, failing to appear for counseling, and absconding from his home.
Case No. JDSQ14493
On November 10, 2014, minor was found with a bottle of liquor. He admitted to misdemeanor possessing alcohol (Bus. & Prof. Code, § 25662, subd. (a)) and the remaining counts were dismissed. He was committed to juvenile hall for 85 days, with probation given discretion to allow him to serve the commitment on GPS.
Case No. JDSQ1514
Sometime between October 27 and November 8, 2014, minor burglarized a home and took headphones, a hat, a knife, and jewelry. He was also found with a stolen iPhone. Minor admitted one count of felony first degree burglary (§ 459) and the remaining counts were dismissed. The court committed minor to 90 days in juvenile hall, but probation was given discretion to release him on GPS.
Case No. JDSQ15177
On March 16, 2015, minor took his mother's car and went driving with three others. Minor's mother reported the car stolen. Minor admitted to misdemeanor vehicle theft (Veh. Code, § 10851, subd. (a)) and a second count was dismissed. He was committed to juvenile hall for 30 days, with probation given discretion to release him on GPS.
Case No. JDSQ15301
On July 11, 2015, minor was found in a stolen car with two other juveniles. Minor gave a false name to police, spat at an officer, and when put in the back seat of a police car, kicked the window. Minor admitted one count of misdemeanor falsely representing himself to an officer (§ 148.9, subd. (a)) and the remaining counts were dismissed. He was released to his mother's custody under probation's supervision.
Case No. JDSQ15333
On August 7, 2015, minor was a passenger in a car that hit a bicyclist, led police on a high speed chase, and hit a parked truck. Minor and the others escaped on foot, but minor was later identified from video footage. Minor had taken the car from his mother's boyfriend. After the incident, when officers performed a probation search at minor's friend's home, minor briefly attempted to escape from a bedroom window.
Minor admitted to felony vehicle theft (Veh. Code, § 10851, subd. (a)) and the remaining counts were dismissed. The court committed minor to the custody of probation for placement in a foster home, group home, or institution.
Case No. JDSQ15445
On October 21, 2015, while minor was being escorted to his holding cell, he became agitated. He swung his body, leaving a hole in the wall with his elbow. He kicked doors, spat at officers, and kicked out a window in the transportation van.
Minor admitted one count of misdemeanor vandalism (§ 594, subds. (a), (b)(1)) and the remaining counts were dismissed. Minor was placed at the Excell Center in Turlock, but he was terminated nine days later for being defiant toward staff, absconding from the property, and possessing marijuana.
Case No. JDSQ166
On December 8, 2015, minor was involved in a gang riot at the juvenile detention facility. He beat another inmate and did not respond to staff's orders, control holds, or chemical weapons. Minor admitted to one count of misdemeanor assault by means likely to cause great bodily injury (§ 245, subd. (a)(4)) and one count of misdemeanor resisting an officer (§ 148, subd. (a)(1)). The remaining counts were dismissed. The court found minor's maximum confinement time was 11 years 2 months.
At the dispositional hearing, the juvenile court followed probation's recommendation and ordered out-of-home placement. It noted that on December 14, 2015, minor had agreed to out-of-home placement if he had further incident reports. By the time of the disposition hearing, February 9, 2016, minor had received at least three more incident reports, including one the day before the hearing.
The minor filed a timely notice of appeal for cases JDSQ14109, JDSQ14227, JDSQ14493, JDSQ1514, JDSQ15177, and later filed an amended notice adding JDSQ166.
II
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Minor was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed and we received no communication from the minor.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to the minor.
DISPOSITION
The orders of the juvenile court are affirmed.
/S/_________
MAURO, J. We concur: /S/_________
NICHOLSON, Acting P. J. /S/_________
HOCH, J.