Opinion
H047984
02-26-2021
In re J.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. J.S., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Monterey County Super. Ct. No. 19JV000203)
The Monterey County District Attorney's Office filed a juvenile wardship petition alleging that appellant (born in February 2001) committed two counts of attempted murder in August 2017. (Pen. Code, §§ 664/187, subd. (a).) The petition alleged appellant personally used a firearm and committed the offenses for the benefit of, at the direction of, or in association with a criminal street gang. (Pen. Code, §§ 12022.5, subd. (a); 186.22, subd. (b)(1).) The juvenile court held a transfer hearing, issued written findings, and ordered appellant transferred to superior court. (Welf. & Inst. Code, § 707, subd. (a)(1); Cal. Rules of Court, rule 5.770(c).) The court advised appellant that the right to appellate review of the non-appealable order was available through the filing of a petition for extraordinary writ.
Trial counsel filed a notice of appeal on behalf of appellant, and this court appointed counsel to represent appellant on appeal. Appointed counsel filed a brief raising no issues and requested that appellant be afforded the opportunity to submit supplemental briefing on his own behalf under People v. Serrano (2012) 211 Cal.App.4th 496. In a declaration appended to the opening brief, counsel for appellant stated: "Upon reviewing the record in the case, I have used my professional judgment and determined that filing a no-issue brief is the proper course of action. I have advised appellant of this and have told him that I would be filing a brief in which no issues were raised. I advised appellant that he will have the right to file supplemental argument after this brief is filed." We invited appellant to submit written argument on his own behalf. Appellant has not done so.
A juvenile court's fitness determination is not an appealable order (People v. Superior Court (Jones) (1998) 18 Cal.4th 667, 678; Welf. & Inst. Code, § 800 [appealable orders in wardship proceedings]; Cal. Rules of Court, rule 5.770(g)), and the circumstances do not warrant construing this improper appeal as a writ petition.
DISPOSITION
The appeal is dismissed.
/s/_________
Grover, J.
WE CONCUR:
/s/_________
Greenwood, P. J. /s/_________
Danner, J.