Opinion
A160693
04-16-2021
In re JAYLEN W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. JAYLEN W., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Contra Costa County Super. Ct. No. J1900825)
In this appeal from a disposition order in a juvenile wardship proceeding, appointed counsel for Jaylen W. filed a brief asking this court to independently review the record for arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable issues requiring further briefing, but we correct a clerical error in the minute order from the June 2, 2020 plea hearing. In all other respects, we affirm.
BACKGROUND
In September 2019, the prosecution filed a juvenile wardship petition charging Jaylen with crimes arising out of a residential burglary. Jaylen pled no contest to second degree burglary (Pen. Code, §§ 459, 460, subd. (b)). The juvenile court adjudged Jaylen a ward of the court (Welf. & Inst. Code, § 602), placed him on probation, and ordered restitution in an amount to be determined at a future hearing. Later, the probation department alleged Jaylen violated probation twice (Welf. & Inst. Code, § 777).
Undesignated statutory references are to the Penal Code.
In May 2020, the prosecution filed a supplemental wardship petition charging Jaylen with three felonies. On June 2, 2020, Jaylen pled no contest to misdemeanor grand theft (§ 487, subd. (a)) and felony possession of a concealed firearm by a prohibited person (§ 25400, subds. (a)(2) & (c)(4)). The court dismissed the remaining charges and the probation violations.
The reporter's transcript for the June 2, 2020 plea hearing and the corresponding minute order state Jaylen pled no contest to section "25400 (2)(c)(4)." There is no such subdivision. The parties, and the court, were referring to section 25400, subdivisions (a)(2) and (c)(4). "Section 25400, subdivision (a) describes the offense of carrying a concealed weapon and subdivision (c) establishes the penalty depending on the circumstances of the offense and offender." (People v. Duffy (2020) 51 Cal.App.5th 257, 266.) Section 25400, subdivision (c)(4) makes it a felony for a prohibited person to possess a concealed firearm. (See In re M.G. (2014) 228 Cal.App.4th 1268, 1274-1275.)
At the June 16, 2020 disposition hearing, the court continued wardship, removed Jaylen from parental custody, and ordered him to complete a six-month program at Orin Allen Youth Rehabilitation Facility, plus a period of conditional release. The court imposed a restitution fine (Welf. & Inst. Code, § 730.6, subd. (b)(1)) and set a hearing date to resolve victim restitution. Jaylen appealed from the disposition order. He did not obtain a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b)(1).)
DISCUSSION
Appointed counsel filed a Wende brief and notified Jaylen of his right to file a supplemental brief on his own behalf. No supplemental brief has been filed. We have reviewed the record to determine whether there were errors based on the sentence imposed or other grounds that arose after entry of the plea that do not affect its validity. (Cal. Rules of Court, rule 8.304(b)(4)(B).) We find no reasonably arguable appellate issues requiring further briefing, but we correct the clerical error in the minute order from the June 2, 2020 plea hearing to state that Jaylen pled no contest to felony possession of a concealed firearm by a prohibited person in violation of section 25400, subdivisions (a)(2) and (c)(4). (People v. Mitchell (2001) 26 Cal.4th 181, 186 [appellate court may correct clerical errors on its own motion].)
DISPOSITION
We order the juvenile court to correct the minute order from the June 2, 2020 plea hearing to state that Jaylen pled no contest to felony possession of a concealed firearm by a prohibited person in violation of section 25400, subdivisions (a)(2) and (c)(4). In all other respects, we affirm.
/s/_________
Rodriguez, J. WE CONCUR: /s/_________
Simons, Acting P. J. /s/_________
Needham, J.
Judge of the Superior Court of Alameda County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------