In re Y.S.
In re Y.S.
Filed 10/24/08 In re Y.S. CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re Y.S., a Person Coming Under The Juvenile Court Law. | |
THE PEOPLE,
Plaintiff and Respondent,
v.
Y.S.,
Defendant and Appellant. |
F054524
(Super. Ct. No. JJD060526)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge.
Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
-ooOoo-
FACTS AND PROCEEDINGS
On October 25, 2007, the prosecutor filed a first amended subsequent petition pursuant to Welfare and Institutions Code section 602 alleging appellant, Y.S., feloniously possessed methamphetamine (Health & Saf. Code, 11377, subd. (a), count one), committed misdemeanor battery (Pen. Code, 242, count two),[1]disturbed the peace on a school campus ( 415.5, subd. (a), count three), disturbed the peace using offensive language in public ( 415, subd. (3), count four), and refused to disperse ( 416, count five).[2]
On November 14, 2007, Y.S. was advised of the consequences of his plea and his constitutional rights. Y.S.s counsel stipulated there was a factual basis for the plea. Y.S. waived his rights, pled no contest to count one, and admitted counts two and four. Y.S. admitted count one as a felony. The court found count one to be a felony. On the motion of the prosecutor, the court dismissed counts three and five.
On November 30, 2007, the juvenile court committed Y.S. to the Tulare County Youth Facility Program. The court placed Y.S. on probation upon various terms and conditions.
An additional subsequent petition was filed on December 20, 2007, alleging that Y.S. escaped from a juvenile facility (Welf. & Inst. Code, 871, subd. (a)). On December 27, 2007, Y.S. admitted the allegation. On January 11, 2008, the juvenile court continued Y.S. as a ward of the court and released him to the custody of his parents on an electronic monitor. The court placed Y.S. back into boot camp, but suspended its commitment. The court ordered Y.S. to take an anger management training class and continued him on probation. The court requested that Y.S. write a journal recording the rich history of his grandparents journey from Laos to the United States.
A report from the probation department filed on February 21, 2008, noted Y.S. was attending school, was doing exceptionally well, and was attending counseling. He was also keeping his curfew. At a review hearing on February 25, 2008, the court found Y.S. in compliance with the terms and conditions of his probation and did not schedule further review hearings. The court was impressed at the quality of the journal Y.S. wrote chronicling his familys history.
Y.S.s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Y.S. was advised he could file his own brief with this court. By letter on July 15, 2008, we invited Y.S. to submit additional briefing. To date, he has not done so.
After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.
DISPOSITION
The judgment is affirmed.
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*Before Vartabedian, Acting P.J., Wiseman, J., and Hill, J.
[1] Unless otherwise indicated, all further statutory references are to the Penal Code.
[2] Counts three, four, and five had been alleged in an earlier subsequent petition filed on September 10, 2007.
Y.S. had prior adjudications for misdemeanor battery ( 242) in February 2006, misdemeanor vandalism ( 594, subd. (a)) and battery ( 242) in December 2006, and violation of probation (Welf. & Inst. Code, 777) in May 2007.
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