Opinion
A148361
10-31-2016
In re CLARENCE H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. CLARENCE H., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Contra Costa County Super. Ct. No. J16-00095)
Clarence H. (the minor) plead no contest to two counts of felony grand theft (Pen. Code, § 487, subd. (c)) and three counts of attempted felony grand theft (§§ 487, subd. (c), 664). The juvenile court adjudged the minor a ward of the court (Welf. & Inst. Code, § 602), and committed him to a Youth Offender Treatment Program at juvenile hall for a maximum term of confinement of four years and eight months. The court also imposed restitution and a restitution fine.
All undesignated statutory references are to the Penal Code.
The minor appealed and his appointed counsel asked this court to review the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Having reviewed the record, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In January 2016, several high school students were walking home from school when two boys — later identified as the minor and his brother — began following them. The minor pulled a black ski mask over his face, took a pistol out of his waistband, and approached the group. One victim felt a gun on her neck and heard the minor say, "'Give me everything.'" The minor pointed the gun at other members of the group and demanded "'everything.'" The victims gave the minor two cell phones. The ski mask, cell phones, and two replica guns were found at the minor's house; after being Mirandized, the minor admitted taking the cell phones and hiding the property, replica weapons, and ski mask at his home.
The facts underlying the offenses are taken from the probation report.
The People filed a Welfare and Institutions Code section 602 petition alleging the minor committed three counts of second degree robbery (§§ 211, 212.5) and two counts of attempted second degree robbery (§§ 211, 212.5, subd. (c), 664, collectively, Counts 1 through 5). The petition also alleged the minor personally used a deadly and dangerous weapon during the commission of the offenses. (§ 12022, subd. (b)(1)). Toward the conclusion of the contested jurisdictional hearing, the prosecution amended the petition to add two counts of felony grand theft (§ 487, subd. (c)) and three counts of attempted felony grand theft (§§ 487, subd. (c), 664, collectively, Counts 6 through 10.)
The minor plead no contest to Counts 6 through 10 (§§ 487, subd. (c), 664.) The parties stipulated Counts 6 through 10 were not Welfare and Institutions Code section 707, subdivision (b) offenses and also that they were not subject to reduction to misdemeanors under Proposition 47. The prosecution dismissed the remaining charges and enhancements. The probation department recommended placing the minor at juvenile hall.
At the dispositional hearing, the court adjudged the minor a ward of the court (Welf. & Inst. Code, § 602). Over defense counsel's objection, the court committed the minor to a Youth Offender Treatment Program at juvenile hall for a maximum term of confinement of four years and eight months. The court imposed restitution and a restitution fine.
DISCUSSION
The minor's appointed counsel filed a Wende brief and informed the minor he had the right to file a supplemental brief on his own behalf. The minor declined to do so. We have reviewed the entire record pursuant to Wende and find no arguable issues on appeal. (People v. Kelly (2006) 40 Cal.4th 106.) The court made the required findings when the minor entered his plea. (In re Matthew N. (2013) 216 Cal.App.4th 1412, 1420; Cal. Rules of Court, rule 5.778.) The court did not abuse its discretion in committing the minor to the Youth Offender Treatment Program at juvenile hall. (See In re Angela M. (2003) 111 Cal.App.4th 1392, 1396 [reviewing juvenile court's commitment decision for abuse of discretion, with all reasonable inferences indulged to support its decision].) The minor was ably represented by counsel at every stage of the proceedings.
DISPOSITION
The judgment is affirmed.
/s/_________
Jones, P.J. We concur: /s/_________
Needham, J. /s/_________
Bruiniers, J.