Opinion
F068729
10-20-2014
In re MASON S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. MASON S., Defendant and Appellant.
Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. JJD065073)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Gomes, Acting P.J., Kane, J., and Franson, J.
-ooOoo-
The court continued appellant, Mason S., as a ward of the court after he admitted committing six first degree burglaries charged in a juvenile wardship petition (Welf. & Inst. Code, § 602). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On September 1, 2013, at approximately 3:00 p.m., Tulare County deputies responding to a residential burglary were told by the victim that someone entered his house through a door leading from the garage and took approximately $3,000 in cash and $3,500 in jewelry.
On September 11, 2013, at approximately 6:36 p.m., deputies responded to a residential burglary and were told by neighbors that three people entered the residence and subsequently sped off in a small red car. The victim subsequently reported that he was missing an iPad, a computer monitor, and various movies and music CD's.
Also on September 11, 2013, at approximately 7:50 p.m., deputies responded to another burglary in which the victims returned home and discovered the front door had been kicked in. One victim reported that he was missing $1,000 in cash, two leather wallets, jewelry, a women's Rolex watch, and a white Swiss watch.
On September 17, 2013, at approximately 5:42 p.m., deputies responded to a house regarding a burglary and were informed that the front door of the residence had been kicked in. However, the victims did not find anything missing.
On September 18, 2013, at approximately 2:30 p.m., deputies responded to a house regarding a burglary where entry was gained through a bathroom window. The victim told the deputies that he returned home to find the house ransacked and jewelry, video games, and $2,840 in cash missing.
On September 20, 2013, at approximately 11:00 a.m., deputies responded to a residence regarding a burglary and found that someone had apparently entered through a window in the master bedroom. Approximately $700 in cash, jewelry valued at $1,970, and an Apple iPhone were missing. A neighbor told the deputies that she saw a Hispanic male knock on the door and then leave on foot.
On September 24, 2013, at approximately 5:59 p.m., deputies responded to a burglary in which the victim arrived home and found his front door open. The victim reported that he was missing a Samsung tablet, 500 rounds of ammunition, and a jar of loose change. A neighbor reported seeing a red vehicle in front of the house earlier in the day, but did not see anyone.
On September 25, 2013, at approximately 12:47 p.m., deputies responded to a burglary in which the victim returned home to find her front door damaged, her house ransacked, and an unknown amount of jewelry missing.
On September 27, 2013, at approximately 12:59 p.m., deputies responded to a burglary in which the victim returned home to find the front door open, the house ransacked, and $850 worth of jewelry missing.
At around the same time, deputies responded to another residence where the victim returned home and found the front door open and the door frame damaged. Additionally, the victim's home was ransacked and an iPad, a cell phone, and a pair of shoes were missing. Deputies obtained a shoe print and fingerprints from the front door.
At approximately 1:14 p.m., while deputies were completing their investigation at this last residence, Dinuba police officers responded to a report of suspects prying open a safe in an alley. When they spoke to the reporting party, he stated that the suspects who were prying the safe open had left and he pointed out a maroon colored car from which they had exited with the safe before attempting to pry it open. The individuals threw the safe, which was determined to belong to a victim of a recent burglary, in a dumpster before leaving. After the witness told the officers that the suspects were eating at his business which was located nearby, the officers went there and contacted appellant and a co-participant, A.M. Although they both initially denied that the maroon vehicle belonged to them, A.M. eventually admitted that the vehicle belonged to his aunt. The maroon vehicle matched the description of one seen leaving many of the residences that were burglarized. Officers also located many items in the vehicle that were identified as belonging to many of the victims of the burglaries noted above including a cell phone, black shoes, an iPad, a Nintendo DS, a wallet with cash, a black safe, a Samsung tablet, and many pieces of jewelry. Appellant had $280 in his possession. Additionally, the officers were able to match the footprints found on many of the doors of the victims' houses to appellant and A.M.
On October 9, 2013, a warrant search of A.M.'s residence uncovered four boxes of ammunition and a Samsung tablet that were reported stolen by one of the burglary victims. The spree of burglaries ceased with the arrest of appellant and A.M.
On October 23, 2013, the district attorney filed a first amended petition charging appellant with nine counts of first degree burglary (counts 1-4 & 6-10/Pen. Code, §§ 459 & 460, subd. (a)) and one count of second degree burglary (count 5/Pen. Code §§ 459 & 460, subd. (b)).
On October 30, 2013, appellant admitted counts 1 through 4, and counts 6 and 7 of the petition in exchange for the dismissal of the remaining counts.
On January 8, 2014, the court aggregated time from prior petitions, set appellant's maximum term of confinement at 14 years 5 months, and committed him to the Tulare County Youth Facility for a year.
Appellant's appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court's invitation to submit additional briefing.
Following an independent review of the record we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.