In re L.C. CA4/2 ( 2016 )

Filed 8/16/16 In re L.C. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
In re L.C., a Person Coming Under the
Juvenile Court Law.
THE PEOPLE,
E065392
Plaintiff and Respondent,
(Super.Ct.No. J225972)
v.
OPINION
L.C.,
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Barbara A.
Buchholz, Judge. Affirmed.
Cindy Brines, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
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A juvenile wardship petition was filed against defendant and appellant L.C.
(minor), pursuant to Welfare and Institutions Code section 602. The petition alleged that
minor committed the crime of assault by means likely to produce great bodily injury.
(Pen. Code, § 245, subd. (a)(4), count 1.) A juvenile court found the allegation true and
committed minor to the Gateway Program. Minor subsequently violated his probation
terms numerous times. Thus, the court committed him to the Division of Juvenile Justice
(DJJ).
Minor filed a timely notice of appeal. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Previous Petitions
On March 3, 2009, a Welfare and Institutions Code section 602 petition was filed
against minor, alleging that he possessed a weapon (locking blade knife) on school
grounds. (Pen. Code, § 626.10, subd. (a), count 1.) Minor denied the allegation, and the
court found exceptional circumstances existed and granted him informal probation in his
mother’s custody. (Welf. & Inst. Code, § 654.2.)
On April 30, 2009, minor’s petition was amended to allege that count 1 was a
misdemeanor and to add one count of vandalism. (Pen. Code, § 594, subd. (b)(1), count
2.) The court subsequently dismissed count 2, and minor admitted the allegation in count
1. The court declared minor a ward and placed him on formal probation in his mother’s
custody.
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On June 5, 2009, another Welfare and Institutions Code section 602 petition was
filed, alleging that minor was carrying a dirk or dagger. (Pen. Code, § 12020, subd.
(a)(4).) Minor admitted the allegation and the court found it true. The court continued
minor on probation in his mother’s custody.
On October 1, 2009, a probation violation petition was filed, alleging that minor
disobeyed his curfew and failed to attend school regularly. Minor admitted the allegation
that he failed to attend school regularly, and the court dismissed the other allegation. The
court ordered him to serve 30 days in juvenile hall.
On December 15, 2009, another probation violation petition was filed, alleging
that minor again failed to attend school regularly. Minor admitted the allegation, and the
court ordered him to serve 30 days in juvenile hall.
On March 3, 2010, a third probation violation petition was filed. Minor admitted
the allegation that he failed to return home by his curfew. The matter was continued to
March 19, 2010, for disposition.
However, on March 18, 2010, a subsequent Welfare and Institutions Code section
602 petition was filed, alleging that minor committed the crimes of burglary (Pen. Code,
§ 459, count 1) and vandalism with over $400 of damage (Pen. Code, § 594, subd. (b)(1),
count 2). Minor admitted the vandalism allegation, and the court dismissed count 1. The
court continued him as a ward and placed him in a foster care facility. Minor was
returned to his mother’s custody on February 17, 2011, on terms of probation.
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On April 28, 2011, a probation violation petition was filed, alleging that minor
violated four probation terms. The court found true the allegation that minor violated his
curfew, and it dismissed the other allegations. The court then placed him in a foster care
facility.
On August 8, 2011, another probation violation petition was filed, alleging that
minor left his placement facility without permission. Minor admitted the violation, and
the court placed him in a different facility.
On October 11, 2011, another probation violation petition was filed, alleging that
minor left his placement facility without permission again. Minor admitted the allegation
as true, and the court continued the matter for disposition.
Prior to disposition, on December 16, 2011, a subsequent Welfare and Institutions
Code section 602 petition was filed, alleging that minor committed the crime of being in
possession of a weapon while being confined in a penal institution (Pen. Code, § 4502,
subd. (a), count 1) and bringing or sending contraband into a juvenile facility (§ 871.5,
subd. (a), count 2). Minor admitted the allegation in count 2, and the court dismissed
count 1. The court then placed minor in another foster care facility. After successfully
completing the placement, the court placed minor in his mother’s custody on probation,
on August 10, 2012.
On October 23, 2012, a probation violation petition was filed, alleging that minor
possessed a dangerous or deadly weapon. The court found true the allegation and
ordered minor to serve 30 days in juvenile hall.
4
On December 24, 2012, a subsequent Welfare and Institutions Code section 602
petition was filed, alleging evasion of an officer with willful disregard (Veh. Code, §
2800.2, subd. (a), count 1), unlawful taking or driving of a vehicle (Veh. Code, § 10851,
subd. (a), count 2), and assault upon a peace officer or firefighter (Pen. Code, § 245,
subd. (c), count 3). Minor admitted count 1, and the court dismissed counts 2 and 3. The
court placed him in a foster care facility. After successfully completing the placement,
the court placed him in his mother’s custody on probation, on September 27, 2013.
On December 13, 2013, a subsequent Welfare and Institutions Code section 602
petition was filed, alleging that minor was in possession of a controlled substance (Health
& Saf. Code, § 11377, subd. (a), count 1), was in possession of live ammunition (Pen.
Code, § 29650, count 2), and street terrorism (Pen. Code, § 186.22, subd. (a), count 3).
Minor admitted count 1, and the court found the allegation true. The court dismissed the
other counts. The court then found that the prior dispositions had failed and thus
committed him to Gateway with the total available confinement time of five years eight
months. He was transported there on January 7, 2014.
On January 23, 2014, a subsequent Welfare and Institutions Code section 602
petition was filed, alleging that, on or about January 5, 2014, minor committed the crime
of assault by means likely to produce great bodily injury. (Pen. Code, § 245, subd.
(a)(4).) The parties agreed to amend the petition to add battery with serious bodily injury
(Pen. Code, § 243, subd. (d), count 2). Minor admitted count 2, and the court ordered
him removed from Gateway.
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Current Petition
Pending disposition, on March 27, 2014, the current Welfare and Institutions Code
section 602 petition was filed, alleging that minor committed the crime of assault by
means likely to produce great bodily injury. (§ 245, subd. (a)(4), count 1.) The court
held a jurisdiction hearing, and a probation officer testified that she observed minor
attack another minor at the detention facility. The court found true the allegation and
recommitted minor to Gateway on conditions of probation. The court subsequently
found minor in violation of his probation terms several times. Following the
recommendation of the probation department, the court committed minor to the DJJ,
based on the section 245, subdivision (a)(4), offense.
DISCUSSION
Minor appealed and, 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
and a few potential arguable issues: (1) whether the court abused its discretion in
imposing a DJJ commitment for a probation violation; (2) whether the court abused its
discretion in imposing a DJJ commitment; (3) whether there was substantial evidence to
prove minor committed the crime of assault by means likely to produce great bodily
injury; and (4) whether the court abused its discretion in admitting evidence that two
other minors attacked the victim, since minor was not charged with personal infliction of
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great bodily injury by acting in concert. Counsel has also requested this court to
undertake a review of the entire record.
We offered minor an opportunity to file a personal supplemental brief, which he
has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have
conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting P. J.
We concur:
McKINSTER
J.
MILLER
J.
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