In re Frank P.
Filed 9/14/10 In re Frank P. CA2/7
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IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
SEVEN
In re FRANK P., a Person Coming
Under the Juvenile Court Law.
B222793
(Los Angeles
County
Super. Ct.
No. VJ34395)
THE PEOPLE,
Plaintiff and Respondent,
v.
FRANK P.,
Defendant and Appellant.
APPEAL
from an order of the Superior Court
of Los Angeles
County,
Heidi W. Shirley, Judge.
Affirmed.
Marta
I. Stanton, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
_________________________________
In November 2009, a Welfare and
Institutions Code[1]
section 602 petition was filed against Frank P., then 16 years old, alleging he
had possessed a controlled substance
(cocaine) in violation of Health and Safety Code section 11350,
subdivision (a), a felony. In
January 2010, a second section 602 petition was filed, alleging Frank P. had
brought a controlled substance (marijuana) into a county juvenile hall or camp
in violation of section 871.5, subdivision (a), a felony.
The
petitions were consolidated for jurisdiction
and disposition hearings. According to the evidence admitted in support of
the November 2009 petition, a deputy sheriff of Los
Angeles County saw
Frank P. sitting on the handlebars of a bicycle that was being ridden by
another minor in the center lane of opposing traffic at 11:00 p.m. The
deputy detained both minors. Frank P.
told the deputy he was on probation. A
search of Frank P. yielded a plastic baggie containing a usable quantity of
cocaine in his pants pocket. Frank P.
was advised of his right to remain silent,
to the presence of an attorney and, if indigent, to appointed counsel (
[86 S.Ct. 1602, 16 L.Ed.2d 694] (Miranda)),
which he waived and admitted finding the cocaine earlier that night.
According
to the evidence admitted in support of the January 2010 petition, a search of
Frank P., after he triggered the weapons screening alarm at Los Padrinos
Juvenile Court, led to the discovery of baggies of useable marijuana inside his
socks. Advised of his
wanted to have the marijuana with him, fearing he might be detained.
At the conclusion of the
jurisdiction hearing, the juvenile court found true each allegation in the
petitions, but declared the section 871.5, subdivision (a) offense to be a misdemeanor,
rather than a felony. Thereafter, the
court adjudged Frank P. a continuing ward of the court and ordered him
suitably placed. The court calculated
the maximum theoretical period of confinement as four years for the sustained
allegations in both petitions.
Frank P. filed a timely notice of
appeal. We appointed counsel to
represent him on appeal. After
examination of the record counsel filed an opening brief in which no issues were
raised. On July 14, 2010, we advised Frank P. he had 30 days within
which to personally submit any contentions or issues he wished us to
consider. No response has been received
to date. We have examined the entire
record and are satisfied Frank P.'s attorney has fully complied with the
responsibilities of counsel and no arguable
issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145
L.Ed.2d 756]; People v. Kelly (2006)
40 Cal.4th 106; People v. Wende
(1979) 25 Cal.3d 436, 441.)
DISPOSITION
The order is affirmed.
WOODS,
J.
We concur:
PERLUSS, P. J.
ZELON, J.
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[1]
Statutory
references are to the Welfare and Institutions Code, unless otherwise indicated.
