IN RE C.P.

No. E067672.

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

Court of Appeals of California, Fourth District, Division Two.


Attorney(s) appearing for the Case

James M. Crawford , 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

MILLER, Acting P. J.

FACTUAL AND PROCEDURAL HISTORY

A. PROCEDURAL BACKGROUND

On August 6, 2015, the San Bernardino County District Attorney filed a petition to declare defendant and appellant C.P. (minor) a ward of the court. (Welf. & Inst. Code, §602, subd. (a).) The petition charged minor with one count of residential burglary under Penal Code section 459. On August 21, 2015, the petition was amended to add a misdemeanor count of unauthorized entry onto a property in violation of section 602.5 (count 2). On the same day, minor waived formal arraignment on the amended petition and entered an admission to count 2. Thereafter, the People moved to dismiss count 1 of the petition and the court ordered the dismissal of count 1. Minor was released to the custody of his mother and placed on informal probation. Subsequently, on February 26, 2016, at the request of the probation officer, because minor was receiving failing grades in school, minor's summary probation was terminated and minor was placed on formal probation.

On October 28, 2016, a subsequent petition charged minor with attempted second degree burglary of a vehicle in violation of sections 664 and 459. A trial on the subsequent petition commenced on January 10, 2017. After hearing the evidence and argument by counsel, the juvenile court found the subsequent petition to be true. The court declared the offense to be a misdemeanor and determined the maximum term of confinement be eight months (six months on the initial case plus two months on the subsequent petition). On February 9, 2017, a dispositional hearing was held and minor was ordered to be released to the custody of his mother.

On February 1, 2017, a notice of appeal was filed prematurely. On February 14, 2017, we entered an order deeming the premature notice of appeal to have been timely filed after the February 9, 2017, dispositional earing.

B. FACTUAL BACKGROUND

On September 14, 2016, Scott Hume went to work as a school bus driver at the headquarters for Victor Valley Union High School District. Upon arriving for work, Hume parked and locked his personal vehicle. While driving his route that afternoon, Hume was contacted and directed to report to his supervisor when he returned.

That afternoon, another school bus driver, Heather Noble, was driving near the headquarters when she saw four youths, including minor, approach Hume's vehicle in the parking lot. The youths appeared to be trying to get into the vehicle by pulling on the handles and pushing against a window of the vehicle. The youths tried to open the camper shell to the vehicle but could not as it was locked. Noble drove past the youths, came to a stop, and began to watch them. When the youths saw Noble approach, they left the area. Noble contacted the police who arrived a short time later and detained three of the youths, including minor.

Minor testified. On September 14, 2016, minor attended class at Victor Valley High School and got out at 1:42 p.m. Thereafter, he left with his friends; they were walking home. Suddenly, one of his friends, Jacob, wanted to take a different route home because he felt something was wrong. Minor and his friends cut through a dirt trail through a park and were detained by sheriff's deputies. Minor never approached a vehicle, and never pulled the driver's side door or passenger's side door. Minor and his friends were walking in the middle of the street and never approached a vehicle. When deputies arrived, minor stopped and cooperated with them. Minor and his friends neither tried to break into a vehicle nor tried to steal anything from a vehicle.

DISCUSSION

After 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, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.

We offered minor an opportunity to file a personal supplemental brief, but he 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 error.

DISPOSITION

The judgment is affirmed.

SLOUGH, J. and FIELDS, J., concurs.


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