Opinion
F074048
03-17-2017
In re MASON S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. MASON S., Defendant and Appellant.
Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 15CEJ600094-1)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Gregory T. Fain, Judge. Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Gomes, Acting P.J., Detjen, J., and Peña, J.
-ooOoo-
Appointed counsel for appellant, minor Mason S., asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Counsel filed an opening brief that sets forth the facts of the case. Appellant was advised of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment.
Following is a brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On February 11, 2015, a wardship petition under Welfare and Institutions Code section 602 was filed, alleging appellant had committed second degree burglary under Penal Code sections 459 and 460, subdivision (b). Appellant, being suitable for deferred entry of judgment, admitted the petition and, on April 23, 2015, received a deferred entry of judgment.
All further statutory references are to the Welfare and Institutions Code unless otherwise noted. --------
On July 22, 2015, the court removed appellant from the deferred entry of judgment program due to his failure to comply. On August 12, 2015, the court adjudged appellant a ward of the court and placed him under the supervision of probation until August 12, 2016. The terms of appellant's probation required him to attend school and to avoid the use of drugs.
On July 12, 2016, the court held a hearing under section 786 to determine whether appellant had successfully completed the terms of his probation, such that the petition would be dismissed and appellant's record sealed. Appellant was not present for this hearing, but counsel was. A report provided by the probation officer noted appellant had completed several of the requirements of his probation and stated, "the minor has done well on probation, considering the amount of family dysfunction he has had to endure over the past year." However, the report also showed appellant had recently tested positive for marijuana three times (in April, June, and July 2016) after completing a required substance abuse counseling course and had missed 36 days of school, including 23 unexcused absences. The report therefore recommended the juvenile court find appellant "has not satisfactorily completed [the] terms and conditions of probation." Following argument, the trial court adopted the recommendation and determined appellant did not qualify for relief under section 786. The court also denied a request from counsel to continue the hearing to allow appellant more time to demonstrate he could comply through additional negative drug tests.
This appeal timely followed.
Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The order is affirmed.