In re Victor H.
Filed 1/13/10 In re Victor H. CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION FOUR
In re Victor H., a Person Coming Under the Juvenile Court Law. ___________________________________ THE PEOPLE, Plaintiff and Respondent, v. Victor H., Defendant and Appellant. | B215067 (Los Angeles County Super. Ct. No. VJ37455) |
APPEAL from an order of the Superior Court of Los Angeles County, Benjamin R. Campos, Commissioner. Affirmed.
David L. Polsky, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Victor H. appeals from an order of wardship (Welf. & Inst. Code, 602) following a finding that he unlawfully possessed a firearm (Pen. Code, 12101, subd. (a)(1)) and live ammunition. (Pen. Code, 12101, subd. (b)(1).) He was ordered to serve one month in juvenile hall before being placed home on probation.
The evidence at the adjudication hearing established that during the evening of January 18, 2009, Bell Gardens Police Officer Miguel Torres was on patrol in the area of Jaboneria Road and Fry Street in Los Angeles County when he saw three individuals, one of whom he recognized as Edgar Castaneda. Officer Torres knew Castaneda from a previous arrest. Appellant and appellants brother were with Castaneda walking toward Officer Torres and his partner. Officer Torres parked, exited his vehicle, and asked Castaneda if they could speak. At the time, appellant was approximately 10 to 15 feet behind his brother and Castaneda. Appellant crouched down by an electrical box, removed a black object from his waistband, and tossed it to the ground. Appellant then approached the officer and Castaneda. Officer Torress partner, David Torres, went to the location where the object had been tossed and recovered a black handgun and a magazine loaded with five live rounds of ammunition. Following waiver of his Miranda[1]rights, appellant stated he was carrying the gun to protect Castaneda, his brother-in-law.
In defense, appellant testified that he did not have a gun and that it was Castaneda who threw the gun. Appellant denied telling the officer that he was carrying the gun to protect Castaneda.
After review of the record, appellants court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On September 30, 2009, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsels compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the order entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The order is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
MANELLA, J.
We concur:
WILLHITE, Acting P.J.
SUZUKAWA, J.
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[1] Miranda v. Arizona (1966) 384 U.S. 436.
