Opinion
H044337
11-14-2017
In re J.P., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. J.P., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. 315-JV41205)
J.P., a minor, having previously been declared a ward of the court, admitted allegations in two subsequent petitions that he possessed controlled substances for sale and possessed cocaine. Following a contested disposition hearing, the juvenile court continued the minor as a ward of the court and released him to the custody of his maternal grandmother, subject to various conditions of probation including certain gang-related conditions.
We appointed counsel to represent the minor in this court. Appointed counsel filed an opening brief which states the case and the facts, but raises no specific issues. We notified the minor of his right to submit written argument in his own behalf within 30 days. That period has elapsed, and we have received no written argument from the minor.
I. FACTUAL AND PROCEDURAL BACKGROUND
On April 7, 2015, the Santa Clara County District Attorney filed a petition (petition A) under Welfare and Institutions Code section 602, subdivision (a), alleging that the minor had committed felony grand theft of a firearm (Pen. Code, §§ 484, 487, subd. (d)(2)). While petition A was pending, the district attorney filed petition B on February 5, 2016, alleging that the minor had committed two counts of attempted first degree burglary. (Id., §§ 459, 460, subd. (a).) Petitions A and B were considered together at the March 25, 2016 jurisdictional hearing, at which the minor admitted the allegations in both petitions. The minor was declared a ward of the court on April 21, 2016.
The petition alleged that the minor had stolen three firearms, a "glock [sic] handgun, mossberg [sic] shotgun, and AR-15" from the victim. The petition was subsequently amended on August 19, 2015, to reduce the charge to a misdemeanor. --------
On October 4, 2016, the district attorney filed petition C charging the minor with two violations of possessing controlled substances for sale in violation of Health and Safety Code section 11351. The juvenile court directed the minor to undergo a mental health evaluation, in the course of which his maternal grandmother was interviewed. In that interview, the minor's grandmother described the minor's past interactions with gang members. The minor denied belonging to a gang. On October 24, 2016, the district attorney filed petition D, charging the minor with one misdemeanor count of possession of cocaine. (Health & Saf. Code, § 11350, subd. (a).) The minor admitted the allegations set forth in petitions C and D.
At the January 20, 2017 contested disposition hearing, the parties argued over the proposed probation conditions, including the gang-related terms. The minor's probation supervisor, Lacey Vasquez, testified regarding the minor's connections to gangs. Defense counsel objected to the gang-related probation conditions as unreasonable, and further objected to certain other conditions, including a condition allowing for the search of the minor's cell phone, as unconstitutionally vague and overbroad. The juvenile court imposed the conditions over defense counsel's objection, with some modifications, after noting the persuasive value of grandmother's statements set forth in the minor's mental health evaluation.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the whole record and have concluded there is no arguable issue on appeal.
II. DISPOSITION
The dispositional order is affirmed.
/s/_________
Premo, J.
WE CONCUR: /s/_________
Elia, Acting P.J. /s/_________
Grover, J.