In re Roman G.
Filed 10/7/08 In re Roman G. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ROMAN G., a Person Coming Under The Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. ROMAN G., Defendant and Appellant. | F054223 (Super. Ct. No. 04CEJ601099-3V) OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Jon N. Kapetan, Judge.
Syda Kosofsky, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
-ooOoo-
FACTS AND PROCEEDINGS
On October 2, 2006, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging appellant, Roman G., received stolen property (Pen. Code, 496, subd. (a)). Roman admitted the offense as a misdemeanor on October 24, 2006.[1] On November 7, 2006, the juvenile court committed Roman to the Juvenile Justice Campus and continued him on probation.
On October 15, 2007, a supplemental petition was filed alleging Roman violated his probation pursuant to Welfare and Institutions Code section 777. According to the probation department, Roman failed to follow the directives of his probation officer, was dropped from the Forward Bound Academy program on September 25, 2007, and tested positive on August 3, 2007, for marijuana.
On November 7, 2007, there was a contested hearing on the allegations in the supplemental petition. Deputy Probation Officer David Rodriguez testified he was Romans probation officer. On June 14, 2007, Roman was released from the boot camp program and when into an aftercare program. Roman failed to follow the directives of his probation officer by refraining from the use of marijuana, an illegal substance. Roman tested positive in a drug test administered on August 3, 2007.
Roman was not enrolled in a formal probation program. He was dropped from the Forward Bound Academy program for failing to follow the directives of his probation officer and school rules. Rodriguez called Roman into his office on September 18, 2007, to have Roman sign a notice of hearing. Rodriguez warned Roman that he had one month to improve his behavior. Roman failed to do so. At the conclusion of the hearing, the juvenile court found the allegations true. The juvenile court found Romans maximum period of confinement was one year four months with 259 days spent in custody. The court ordered Romans commitment to the Elkhorn Correctional Facility boot camp for 90 days and ordered that Roman remain on probation.
Romans 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 Roman was advised he could file his own brief with this court. By letter on July 17, 2008, we invited Roman 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 Levy, Acting P.J., Hill, J., and Kane, J.
[1] Roman had a prior adjudication for resisting arrest ( 148, subd. (a)(1)).
