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In re M.G.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
Feb 15, 2012
A133362 (Cal. Ct. App. Feb. 15, 2012)

Opinion

A133362

02-15-2012

In re M.G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. M.G., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Alameda County Super. Ct. No. SJ11016258)

Appellant M.G. appeals from a final judgment disposing of all issues between the parties. Appellant'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 submitted a declaration stating that appellant has been notified that no issues were being raised by counsel on appeal, and that an independent review under Wende instead was being requested. Appellant was also advised of his right personally to file a supplemental brief raising any issues he chooses to bring to this court's attention. No supplemental brief has been filed by appellant personally.

A petition was filed seeking to have appellant adjudged a ward of the court (Welf. & Inst. Code, § 602, subd. (a)), and alleging one count of carrying a concealed weapon (Pen. Code, § 12025, subd. (a)(1)), and one count of altering a firearm (Pen. Code, § 12090).

The incident giving rise to the petition occurred on November 27, 2010, at approximately 12:30 a.m. Police were called to the area of 64th Avenue and Flora Street in Oakland to assist in monitoring a group of juveniles who had fled from a nearby shooting scene. One of the juveniles found at the scene was appellant who had a large bulge protruding from his jacket near his waistline. Appellant was told to stop but ran away from officers. As one of the officers tried to restrain appellant, a black revolver fell from under his jacket. The firearm was a Colt .38 caliber and its serial number had been obliterated. It was determined that the revolver did not appear to have been involved in the earlier shooting. Appellant was arrested.

At a hearing held on January 27, 2011, count one was amended reducing it from a felony to a misdemeanor. Appellant then admitted the truth of that count, and the second count was dismissed by the prosecution.

All further dates are in the calendar year 2011.

A subsequent petition was filed on February 9, alleging numerous crimes all associated with an incident involving the breaking into and attempted taking of a 1995 Saturn automobile. On March 1, appellant admitted the truth of count three (possession of burglary tools) of the petition, and all other counts were dismissed. Disposition was set for April 4.

A dispositional report was filed by the probation department recommending that appellant be granted probation with numerous conditions imposed. At the dispositional hearing on both petitions, appellant was adjudged a ward of the court as to each. Probation was granted with numerous conditions imposed, and appellant was released to the custody of his parents.

A progress report filed on July 29, reported that appellant had left home and would not disclose his whereabouts to his parents. Father felt it was "imperative" that appellant "get out of Oakland," and asked for the court's permission for appellant to move to Virginia to live with his older sister. Appellant was subsequently detained, and at a hearing on August 2, the court concluded that it was no longer in his best interests for appellant to remain in his parents' home. The court also continued the matter as to whether it was in appellant's best interests to allow him to move to Virginia. The probation department subsequently approved the plan for appellant to move to Virginia.

Before a hearing was held to consider the request for appellant to move to Virginia, a new petition was filed alleging that appellant had committed a robbery, and that a deadly weapon (BB gun) had been used during the commission of the robbery. Appellant was ordered to be removed from his parents' home and held at juvenile hall pending a further hearing as to placement.

A jurisdictional hearing on the latest petition was held on September 2. At that hearing, the robbery count was amended to allege grand theft from a person (Pen. Code, § 487, subd. (c)), which was admitted by appellant. All other allegations in this petition were dismissed. Appellant's detention was ordered to continue until a dispositional hearing, which was set for September 19.

Prior to the dispositional hearing, a new dispositional report was filed by the probation department. The report agreed that it was in the minor's best interests that he be continued on probation and allowed to live with his uncle in Las Vegas under an interstate compact with Nevada. That request was approved by the juvenile court on October 28.

We have reviewed the entire record, and have concluded the jurisdictional findings were supported by the evidence. There was no error in the disposition, as it was fully supported factually, and was chosen by the trial judge in accordance with applicable juvenile law principles. Appellant was represented by counsel throughout the proceedings, and we have concluded there are no meritorious issues to be argued or that require further briefing on appeal.

DISPOSITION

The judgment is affirmed.

_______________

RUVOLO, P. J.
We concur: _______________
SEPULVEDA, J.
_______________
RIVERA, J.


Summaries of

In re M.G.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
Feb 15, 2012
A133362 (Cal. Ct. App. Feb. 15, 2012)
Case details for

In re M.G.

Case Details

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

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR

Date published: Feb 15, 2012

Citations

A133362 (Cal. Ct. App. Feb. 15, 2012)