Opinion
B231846
11-09-2011
In re N.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. N.C., Defendant and Appellant.
Stephen Borgo, under appointment by the Court of Appeal for Defendant and Appellant. No appearance on behalf of 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. FJ47649)
APPEAL from orders of the Superior Court of Los Angeles County, Robin Miller Sloan, Judge. Affirmed.
Stephen Borgo, under appointment by the Court of Appeal for Defendant and Appellant.
No appearance on behalf of Plaintiff and Respondent.
Following the filing of a petition under Welfare and Institutions Code section 602, minor, N.C., made a motion to discover police personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 ("Pitchess"). The juvenile court found good cause to conduct an in camera review of police records and ordered certain records be provided to minor.
The juvenile court conducted an adjudication hearing and sustained an allegation in the petition that minor possessed cocaine base for sale (Health & Saf. Code, § 11351.5). The minor was ordered home on probation.
FACTS
On June 9, 2010, at approximately 11:05 p.m., two police officers noticed minor standing in the street next to the driver's window of a parked truck. Minor's hands were on the window sill and he was speaking to the driver. One of the officers shined a flashlight in the truck causing minor to become startled, open his right hand, and drop an object. The other officer retrieved a baggie near the truck containing 10 to 15 solid pieces of cocaine base totaling 6.87 grams. Minor indicated the baggie belonged to him. A prosecution expert opined the cocaine base was possessed for sale based on the amount of the narcotic, the absence of any narcotic paraphernalia found on minor, and the absence of any symptoms indicating minor had used cocaine.
DISCUSSION
This court appointed counsel to represent minor on appeal. On July 21, 2011, appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues but requesting this court independently review the record for arguable issues on appeal and also to review the in camera hearing held on minor's motion under Pitchess. Minor was notified by letter from this court on July 26, 2011, of his right to file a supplemental brief within 30 days. Minor has not filed a supplemental brief.
We have independently examined the record on appeal. The judgment is supported by substantial evidence and the disposition was within the court's discretion. The trial court did not abuse its discretion in granting discovery under Pitchess based upon our review of the transcript of the in camera hearing. There are no arguable issues. (Smith v. Robbins (2000) 528 U.S. 259, 284.)
DISPOSITION
The orders sustaining the petition and placing minor home on probation are affirmed in all respects.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
TURNER, P. J.
KRIEGLER, J.