Opinion
H043132
11-14-2017
In re M.B., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. M.B., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 3-14-JV40965A,B)
M.B. (minor) appeals the juvenile court's adjudication of two petitions filed under Welfare and Institutions Code section 602. In its dispositional order, the juvenile court sustained allegations charging minor with possession of a controlled substance for sale (Health & Saf. Code, § 11378), possession of a controlled substance without a prescription (Bus. & Prof. Code, § 4060), receiving stolen property (Pen. Code, § 496, subd. (a)), and tampering with a vehicle (Veh. Code, § 10852). Following disposition, minor was declared a ward of the court.
Unspecified statutory references are to the Welfare and Institutions Code. --------
On appeal, minor's counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel has declared that minor was notified that an independent review under Wende was being requested. We advised minor of her right to submit written argument on her own behalf within 30 days. Thirty days have elapsed, and minor has not submitted a letter brief.
Pursuant to Wende, we have reviewed the entire record and have concluded that there are no arguable issues. We will provide "a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed." (People v. Kelly (2006) 40 Cal.4th 106, 110.)
BACKGROUND
In petition A, filed under section 602, the Santa Clara County District Attorney's Office alleged that on November 19, 2014, minor had possessed a controlled substance, methamphetamine, for sale (Health & Saf. Code, § 11378, count 1), possessed a controlled substance, Fentanyl and Suboxone, without a prescription (Bus. & Prof. Code, § 4060, count 2), and possessed controlled substance paraphernalia, an opium pipe and a device used for unlawfully injecting and smoking a controlled substance (former Health & Saf. Code, § 11364.1, count 3). It further alleged that on October 28, 2014, minor bought, received, concealed, or withheld stolen property (Pen. Code, § 496, subd. (a), count 4), possessed a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a), count 5), possessed a controlled substance, Fentanyl, without a prescription (Bus. & Prof. Code, § 4060, count 6), and possessed controlled substance paraphernalia, an opium pipe and a device used for unlawfully injecting and smoking a controlled substance (former Health & Saf. Code, § 11364.1, count 7).
On January 24, 2015, minor moved to suppress evidence (§ 700.1) seized during the warrantless November 19, 2014 search, which had occurred following a welfare check. Minor had been found unconscious and nonresponsive by police officers behind an apartment complex with a glass pipe in her hand. Officers stated that minor smelled strongly of marijuana, and they found partially burnt foil pieces scattered around her. Following an evidentiary hearing, the trial court denied minor's motion to suppress, finding the prosecution had met its burden to show by a preponderance of evidence that officers had probable cause to conduct a search.
On March 23, 2015, minor admitted the allegations that on November 19, 2014, she possessed a controlled substance for sale (Health & Saf. Code, § 11378, count 1), and possessed a controlled substance without a prescription (Bus. & Prof. Code, § 4060, count 2). She also admitted that on October 28, 2014, she bought, received, concealed, or withheld stolen property (Pen. Code, § 496, subd. (a), count 4). The remaining counts were dismissed. The court deferred entry of judgment and placed minor on probation for 12 months subject to various terms and conditions.
On May 19, 2015, the Santa Clara County District Attorney's office alleged in petition B that on March 28, 2015, minor had prowled on private property (Pen. Code, § 647, subd. (h)) and tampered with a vehicle (Veh. Code, § 10852). On July 20, 2015, minor admitted the allegation she tampered with a vehicle. The remaining allegation that she had prowled on private property was dismissed. Thereafter, the court sustained the violation of Vehicle Code section 10852 alleged in petition B and sustained the three allegations minor had admitted earlier in petition A.
On November 30, 2015, the juvenile court declared minor a ward of the court. It adopted the findings and orders contained in the probation report, which recommended terminating juvenile probation without sealing minor's record, because she was facing adult criminal charges in a separate case.
On December 8, 2015, minor filed a notice of appeal from the juvenile court's dispositional order, primarily citing to the juvenile court's denial of her motion to suppress evidence under section 700.1.
DISCUSSION
We have conducted an independent review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and People v. Kelly, supra, 40 Cal.4th 106. We conclude there are no arguable issues on appeal.
DISPOSITION
The dispositional order is affirmed.
/s/_________
Premo, J.
WE CONCUR: /s/_________
Elia, Acting P.J. /s/_________
Grover, J.