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In re M.S.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Sep 14, 2012
E055817 (Cal. Ct. App. Sep. 14, 2012)

Opinion

E055817

09-14-2012

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

Leonard J. Klaif, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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. J238506)


OPINION

APPEAL from the Superior Court of San Bernardino County. Thomas S. Garza, Judge. Affirmed.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant M.S. (Minor) appeals from the juvenile court's true finding that Minor was in violation of her probation when she left her home without the permission of her father or her probation officer. We find no error and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Minor was declared a ward of the court pursuant to Welfare and Institutions Code section 602, subdivision (a), on May 5, 2011. She was subsequently placed on probation in the custody of her father with various terms and conditions. Minor and her father were informed of the terms and conditions of her probation.

On November 30, 2011, Minor left her father's home around 1:00 p.m., without his permission and without informing him as to where she was going. When she left, she also took her father's cellular telephone. Minor had permission from her father to take his cellular telephone when she left the house, so he would be able to contact her. When Minor's father realized she was missing, he began looking for her. He also tried calling his cellular telephone, but it was turned off. Additionally, he called Minor's probation officer and the police because he was worried that Minor would hurt herself. Minor's father eventually found Minor around 6:00 p.m., as she was walking toward their home.

On December 8, 2011, a petition was filed alleging Minor had violated the terms and conditions of her probation by (1) leaving the house without the permission of her father or her probation officer in violation of probation term No. 9; and (2) taking her father's cellular telephone without his permission in violation of probation term No. 1.

On January 11, 2012, following an evidentiary hearing, the juvenile court found "true" the first allegation of the petition (term No. 9), and "not true" as to the second allegation (term No. 1). Pending a dispositional hearing, Minor was initially held at juvenile hall, but on February 8, 2012, she was placed in the custody of her father on "house arrest."

The dispositional hearing was held on February 29, 2012. At that time, Minor was continued as a ward of the court and placed in the custody of her father with C.I.T.A. terms and conditions added to her probationary terms.

Center for Individualized Treatment of Adolescents.

DISCUSSION

Minor appealed and, upon her request, this court appointed counsel to represent her. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court conduct an independent review of the record.

We offered defendant an opportunity to file a personal supplemental brief, but she has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P. J.
We concur: HOLLENHORST
J.
MILLER
J.


Summaries of

In re M.S.

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Sep 14, 2012
E055817 (Cal. Ct. App. Sep. 14, 2012)
Case details for

In re M.S.

Case Details

Full title:In re M.S., 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: Sep 14, 2012

Citations

E055817 (Cal. Ct. App. Sep. 14, 2012)