People v. S.J. (In re S.J.)

Full title: In re S.J., a Person Coming Under the Juvenile Court Law. v. S.J.…

Court: California Court of Appeals, Second District, Sixth Division

Date published: Oct 23, 2024

2d Juv. B332915 (Cal. Ct. App. Oct. 23, 2024)

Opinion

2d Juv. B332915

10-23-2024

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

Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

CODY, J.

NOT TO BE PUBLISHED

Superior Court County of Los Angeles, No. NJ30276 John C. Larson, Judge

Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

CODY, J.

S.J. appeals the juvenile court's order denying her motion to dismiss pursuant to Welfare and Institutions Code section 782. She sought to dismiss three section 602 petitions: (1) one filed on February 4, 2020 for first degree burglary and grand theft; (2) one filed on March 9, 2020 for misdemeanor vandalism; and (3) one filed on June 14, 2021, amended on August 2, 2021, for first degree robbery and assault. The juvenile court granted the motion as to the first two petitions. It declined to dismiss the third, finding it was "not necessarily convinced that there's been a passage of time nor that the minor has attained . . . rehabilitation" adequate to grant the motion. It commended appellant for completing the terms of probation, obtaining a job, and enrolling in college. It said "[t]hose factors along with the passage of time" might persuade the court to eventually dismiss the third petition under Welfare and Institutions Code section 782.

We appointed counsel to represent S.J. Counsel examined the record and filed an opening brief requesting the court review this case independently under People v. Wende (1979) 25 Cal.3d 436 (Wende). (See In re Kevin S. (2003) 113 Cal.App.4th 97, 99 [Wende procedure applies in juvenile delinquency appeals].) We advised S.J. on June 18, 2024 that she had 30 days to personally submit any contentions or issues she wished us to consider. No response has been received.

We have reviewed the entire record and are satisfied that S.J.'s counsel has fully complied with her responsibilities and that no arguable issue exists. (Wende, supra, 25 Cal.3d at p. 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)

DISPOSITION

The juvenile court's September 15, 2023 order denying appellant's motion to dismiss the amended petition dated August 2, 2021 is affirmed.

We concur: YEGAN, Acting P. J. BALTODANO, J.