Opinion
E073375
12-09-2019
In re P.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. P.S., Defendant and Appellant.
Richard Jay Moller, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. J276736) OPINION APPEAL from the Superior Court of San Bernardino County. Pamela P. King, Judge. Affirmed. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
I
INTRODUCTION
Defendant and appellant P.S. (minor) has a history of defiant and criminal behavior, resulting in his continual placement on probation for several years and being ordered to pay victim restitution. Following his most recent offense, the juvenile court overruled minor's objection to the victim restitution claim and ordered minor to pay victim restitution in the amount of $140. Minor subsequently appealed. Based on our independent review of the record, we find no error and affirm the judgment.
II
FACTUAL AND PROCEDURAL BACKGROUND
The factual background is taken from the police and probation officer's reports.
Minor has a history of committing vandalism beginning in 2017, resulting in minor being issued multiple citations. In 2018, then 17-year-old minor vandalized several locations in the city of Fontana, causing $263.88 in damages. The vandalism was gang graffiti done for the benefit of the West Side Fontana Neighborhood Locos criminal street gang. Minor was an active member of the gang with a moniker of "'Blackout.'" When officers attempted to contact minor in his gang's territory, minor fled on foot. After a short pursuit, minor was detained. Minor was found in possession of a knife with a nine-inch blade and a bottle of white spray paint.
Minor admitted to being a gang member with the West Side Fontana Neighborhood Locos gang but denied having a moniker. He also admitted to smoking "'two blunts'" of marijuana every day and drinking a single tall can of beer once a week. Minor acknowledged that he carried the knife to protect himself from rival gang members.
On July 16, 2018, the San Bernardino County District Attorney's office filed a first amended petition pursuant to Welfare and Institutions Code section 602, charging minor with two misdemeanor counts of vandalism under $400 (Pen. Code, § 594, subd. (b)(2)(a); counts 1 & 2) between January 13, 2018 and July 4, 2018; one felony count of promoting a criminal street gang (§ 186.22, subd. (d); count 3) between June 29, 2018 and July 4, 2018; one felony count of carrying a concealed dirk or dagger (§ 21310; count 4) on or about July 12, 2018; one misdemeanor count of possession of aerosol paint with the intent to deface (§ 594.1, subd. (e)(1); count 5) on or about January 13, 2018; one felony count of carrying a concealed dirk or dagger (§ 12020, subd. (a)(4); count 6) on or about June 11, 2018; and one misdemeanor count of resisting arrest (§ 148, subd. (a)(1); count 7) on or about July 12, 2018.
All future statutory references are to the Penal Code unless otherwise stated. --------
On July 24, 2018, minor was released from juvenile hall in the custody of his mother and placed on the House Arrest Program (HAP) under various terms of the HAP contract. Two days later, minor violated the terms of the HAP contract by removing his GPS device and leaving his home with a bag of clothing. Minor's mother had not given minor permission to leave the home, and she did not know his whereabouts.
On July 30, 2018, the juvenile court granted the People's request to issue a bench warrant for minor's arrest and terminated minor's house arrest.
On August 16, 2018, the juvenile court continued the warrant for minor's arrest. Minor's whereabouts remained unknown until his arrest on September 26, 2018, for the warrant only.
On October 11, 2018, minor admitted to committing count 4, the felony count of carrying a dirk or dagger in violation of section 21310. In return, the juvenile court dismissed the remaining six counts.
On October 25, 2018, the juvenile court declared minor a ward of the court and placed minor on probation on various terms and conditions of probation. The court also released minor from juvenile hall with 48 days of credit for time served in the custody of his mother. In addition, the court ordered minor to pay $263.39 in victim restitution to the City of Fontana.
On May 11, 2019, at about 2:16 p.m., the victim, N.M., saw minor in his unlocked vehicle attempting to steal items inside. Minor ran from the area upon being confronted by N.M. N.M. chased minor, tackled him to the ground, and pinned him until police officers arrived. Once police officers arrived, the officers searched minor and found 1.6 grams of methamphetamine in minor's pocket. Nothing was taken from N.M.'s vehicle, and N.M. did not desire prosecution. However, N.M. claimed to have suffered an injury to his shoulder which prevented him from going to work the following day, causing him to lose $140 in wages.
On May 14, 2019, the San Bernardino County District Attorney's office filed a subsequent petition under Welfare and Institutions Code section 602, charging minor with one count of misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)).
On May 15, 2019, minor admitted to the drug offense as alleged, and the juvenile court ordered minor detained pending the dispositional hearing.
On May 30, 2019, the juvenile court continued minor as a ward of the court and maintained minor on probation with additional terms and conditions. The court also ordered minor released from juvenile hall in the custody of his mother with 20 days of credit for time served. At minor's request, the court reserved imposition of the proposed probation term of victim restitution in the amount of $140 to N.M. until an evidentiary hearing.
On June 11, 2019, minor's counsel filed points and authorities to oppose adding N.M.'s victim restitution to minor's probationary terms because the restitution related to uncharged conduct.
On June 18, 2019, the People filed points and authorities in support of the victim restitution order, arguing the court may impose the restitution order to foster minor's rehabilitation and to protect the public.
On June 25, 2019, following a hearing, the juvenile court tentatively ordered the victim restitution claim in the amount of $140 under Welfare and Institutions Code section 730.6, and found the claim was related to minor's conduct and to discouraging minor's future criminality. Minor's counsel thereafter objected to the amount of the victim restitution and requested a continuance to obtain information relating to the amount from the probation department. The court granted the continuance request to allow minor's counsel the opportunity to contact the probation department to obtain a legible copy of the documentation provided for the restitution.
On June 27, 2019, the San Bernardino County District Attorney's office filed a subsequent petition under Welfare and Institutions Code section 602, charging minor with one felony count of vandalism over $400 in damages (Pen. Code, § 594, subd. (b)(1)).
On July 31, 2019, after the juvenile court granted the People's motion to reduce the offense to a misdemeanor under section 17, subdivision (b), minor admitted to misdemeanor vandalism. On this same day, the court continued minor as a ward of the court and maintained him on probation with three additional probationary conditions. After confirmation that N.M. had taken the day off from work following the May 11, 2019 incident, the juvenile court also ordered minor to pay victim restitution in the amount of $140 to N.M. Even though there was no doctor's note confirming N.M.'s need to take time off from work, minor no longer objected to the amount of $140, but only to its imposition.
On August 7, 2019, minor timely filed a notice of appeal, challenging the victim restitution order.
III
DISCUSSION
After minor appealed, upon his request, this court appointed counsel to represent him. 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 minor an opportunity to file a personal supplemental brief, and he has not done so.
An appellate court conducts a review of the entire record to determine whether the record reveals any issues which, if resolved favorably to defendant, here, minor, would result in reversal or modification of the judgment. (People v. Wende, supra, 25 Cal.3d at pp. 441-442; People v. Feggans (1967) 67 Cal.2d 444, 447-448; Anders v. California, supra, 386 U.S. at p. 744; see People v. Johnson (1981) 123 Cal.App.3d 106, 109-112.)
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to minor.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
CODRINGTON
J. We concur: MILLER
Acting P. J. MENETREZ
J.