Opinion
E066312
01-03-2017
In re R.D., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. R.D., Defendant and Appellant.
Renee Paradis, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. J264793) OPINION APPEAL from the Superior Court of San Bernardino County. Barbara A. Buchholz, Judge. Affirmed. Renee Paradis, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL HISTORY
On April 1, 2016, the People filed a juvenile wardship petition under Welfare and Institutions Code section 602 charging defendant and appellant, R.D. (minor), with misdemeanor driving under the influence of alcohol or drugs under Vehicle Code section 23152, subdivision (a) (count 1); and misdemeanor possession of a controlled substance, Xanax, under Health and Safety Code section 11377 (count 2).
On May 13, 2016, minor admitted count 1; count 2 was dismissed on the motion of the People.
On June 27, 2016, after a contested dispositional hearing, minor was declared a ward of the court and placed on supervised probation, with minor maintained in her parents' home. Minor filed a timely notice of appeal on the same day.
Since minor admitted guilty, the facts are taken from the probation report.
On November 14, 2015, around 2 a.m., minor had driven a car into a tree in a parking lot and knocked the tree over. The car smelled of marijuana. After a consent search of minor's purse, Xanax pills were found. Minor appeared to have difficulty maintaining her balance and admitted to smoking marijuana earlier in the day. Minor was arrested and later cited for possession and driving under the influence.
When minor was interviewed, she expressed regret over the incident, calling it "stupid" and indicated that she was embarrassed by it. She stated that she had never been involved in a similar incident, but that she had been previously arrested for petty theft. Minor indicated that while she sometimes had arguments with her parents, she generally followed their rules. She indicated that she completed her assigned chores and generally abided by her curfew; she calls if she is running late. Minor also indicated that she had been living with a friend in Los Angeles for two weeks because her father would not allow her to return home. She stated that she had previously run away from home twice—the first time when she was 16. She stayed away from home for only one week. Minor stated that she was behind in credits at school due to having a problem with attendance. Her average grades, however, were Bs and Cs. She stated that she had been diagnosed with anxiety and depressions. She did not have suicidal thoughts.
At the time of the report, minor turned 18. Therefore, her absences form her parents' home were no longer deemed "running away." --------
With respect to substance abuse, minor stated that she began to use alcohol at age 14, and used two weeks previously. She also recounted that she began to use marijuana at the same age, smoking once or twice per week. According to minor, she had quit marijuana a couple of months previously because it provided "no benefit" and made her "lazy." She began using Xanax at age 16, and had last used it on the date of the instant offense. No other drug use was described by minor, and she did not believe she had a drug or alcohol problem. Minor stated she had no current romantic partner.
Minor's father described minor as "out of control" for two years, with curfew as a "constant issue." He and his wife often did not know minor's whereabouts. Minor was disrespectful and had a poor relationship with her parents. He indicated that his and minor's relationship was worse than minor's relationship with her mother because he tried to hold minor accountable. He suspected minor of prostitution based on "the age and characteristic of the men she is found with" along with her "provocative attire." Minor's father described minor's romantic partners as old as 26. He believed minor was using narcotics, but did not suspect she used alcohol. He described minor's grades as Ds and Fs. He claimed that minor made suicidal statements to him and he suspected that minor was bipolar, although she had previously been in therapy and had not been diagnosed.
Minor's school records indicated a large number of disciplinary incidents and significant absences from school. Minor had a C grade point average: one A, two Bs, two Cs, and one F. There were four non-graded classes. School staff also stated that minor, at age 16, had a boyfriend who was 28 years old.
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 minor 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
MILLER
J. We concur: RAMIREZ
P. J. SLOUGH
J.