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In re M.B.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Feb 8, 2017
E066166 (Cal. Ct. App. Feb. 8, 2017)

Opinion

E066166

02-08-2017

In re M.B., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. M.B., Defendant and Appellant.

Correen Ferrentino, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. J262716) OPINION APPEAL from the Superior Court of San Bernardino County. Barbara A. Buchholz, Judge. Affirmed. Correen Ferrentino, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant and appellant M.B. (minor) appeals from the court's order of wardship and from the latest dispositional order of May 24, 2016, that he be placed in a foster facility. We affirm.

FACTS AND PROCEDURE

On October 25, 2015, minor spit on his mother and then punched her in the head, causing her to fall. He continued punching her in the face more than 10 additional times as she lay on the ground. When mother first attempted to call 911, minor disabled every phone in the house. Mother eventually called 911 and police arrested minor at home. On November 12, 2015, minor admitted to battery with serious bodily injury (Pen. Code, § 243, subd. (d)). The court declared minor a ward of the court and placed him in the custody of his parents. The court ordered minor to serve 30 days in custody. Minor was released on November 23.

On December 12, 2015, minor was again arrested after punching his father numerous times and attempting to hit him with a skateboard. On December 16, 2015, minor admitted to misdemeanor battery (Pen. Code, § 242) and the court continued him as a ward of the court. On December 30, the court ordered minor to serve at least 45 days in custody, and it set a further dispositional hearing at which it would decide whether to place him in the custody of his parents or in a facility. On January 25, 2016, the court ordered minor released that day and placed in the custody of his parents, noting that minor was "on the brink of placement."

On February 12, 2016, minor was arrested for the third time after witnesses saw him hitting his mother in the car after she picked him up from school. Minor had just been cited at school for being under the influence of a controlled substance. (Health & Saf. Code, § 11550.) On February 18, 2016, minor admitted to misdemeanor battery and the court continued him a ward of the court. On March 21, 2016, the court released minor and placed him in the custody of his grandmother.

On April 8, 2016, the grandmother called police and asked them to remove minor from her home. Minor was drinking alcohol, screaming, banging on walls and throwing things. Minor was arrested and placed in juvenile hall for violating his probation. On May 12, 2016, minor admitted to violating probation. On May 24, 2016, the court ordered minor maintained in juvenile hall pending placement in a foster care facility.

This appeal followed.

DISCUSSION

Upon minor's appeal, this court appointed counsel to represent him. Counsel has filed a brief under authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a brief statement of the case, a summary of the facts and potential arguable issues, and requesting this court undertake an independent review of the record. We have also afforded minor the opportunity to file a personal supplemental brief. He has not done so.

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the entire record and find no arguable issues.

DISPOSITION

The court's orders are affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P. J. We concur: HOLLENHORST

J. McKINSTER

J.


Summaries of

In re M.B.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Feb 8, 2017
E066166 (Cal. Ct. App. Feb. 8, 2017)
Case details for

In re M.B.

Case Details

Full title:In re M.B., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

Date published: Feb 8, 2017

Citations

E066166 (Cal. Ct. App. Feb. 8, 2017)