In re Vincent S.
Filed 6/18/08 In re Vincent S. CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
In re VINCENT S., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. VINCENT S., Defendant and Appellant. | A120800 (Solano County Super. Ct. No. J36758) |
Vincent S. appeals from jurisdictional and dispositional orders of the juvenile court. His counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We find there are none and affirm.
BACKGROUND
Case No. SJ06004053-01
On December 11, 2005, Vincent took his mothers car without her permission. After he almost caused an accident, Vincent fled from California Highway Patrol officers at speeds of up to 120 miles per hour. The car hit a guardrail and slid off the road when Vincent attempted to take an off-ramp. The Alameda County District Attorney filed a juvenile wardship petition alleging that Vincent failed to obey the lawful order of a traffic officer, failed to stop at the scene of an accident, and drove without a drivers license. On July 3, 2007, Vincent admitted to misdemeanor hit and run as alleged in count two. The remaining counts were dismissed and Vincent was released to his parent or guardian.
Case No. SJ06004053-02
On November 9 and again on December 14th, 2007, Vincent was apprehended in possession of marijuana. The Alameda County District Attorney filed a juvenile wardship petition alleging two counts of possession of marijuana for sale. Vincent admitted one misdemeanor count of simple possession and the second count was dismissed. Vincent was detained and the case was transferred to Solano County.
Case No. J036758
On the evening of July 13, 2007, Fairfield Police Officer William Shaffer reported to Northbay Medical Center after receiving reports that shots had been fired and two shooting victims had arrived at the emergency room.One of the victims was identified as Vedell Chew, who had been shot with his own gun while attempting to rob a dice game; the other victim was one of the people from the dice game.
Vincent had accompanied Chew to the emergency room. Officer Shaffer asked for permission to pat search Vincent for weapons [b]ased on the bulky clothing he was wearing and the fact I had two people that had already been shot and the fact I had observed a loaded gun in a car out in the parking lot. Vincent consented to the search.
While conducting the search, Officer Shaffer felt a large lump in [Vincents] pocket that had some type of a pliable material around it, consistent with a packaged piece of methamphetamine or cocaine. The object turned out to be $300 in cash and a plastic baggie containing 8.54 grams of cocaine base.
Vincent was read his Miranda rights. He said he was a passenger in the car that picked up Chew after the shooting incident and that the driver of the car handed the cocaine to Chew, who handed it to Vincent and made some reference to getting rid of it. Vincent explained that he must have put it in his pocket without knowing it.
Fairfield Police Detective Jausiah Jacobson testified that, based on the quantity of cocaine (between 40 and 80 dosages), the absence of any use paraphernalia, and the involvement of firearms, Vincent possessed the cocaine for purposes of sale.
Vincent testified that while he, the driver and Chew were en route to the hospital the driver pulled something out of his pocket and threw it to Chew. Chew emptied his pockets and handed everything he had to Vincent. Vincent put the items in his pocket because he was trying to help Chew. He only saw a phone and money, which was bloody and crumpled up over the baggie, but he did not see the baggie. Vincent was in a hurry because Chew was bleeding badly. Vincent let the police search him because he thought Chew had only handed him a cell phone and money.
The court found that Vincent knowingly put the cocaine base in his pocket. Based on the absence of user paraphernalia, the quantity of money and cocaine, the presence of a gun in the car, and the fact that two people were shot, the court found the cocaine was possessed for sale. The court sustained a juvenile petition alleging possession of cocaine base (count 2) and possession of cocaine base for sale (count 1), and concluded that count 2 merged into count 1 for purposes of disposition.
The Dispositional Hearing
At a consolidated dispositional hearing on February 8, 2008, the court adjudged Vincent a ward of the court and set his maximum confinement at six years. It declared the possession of cocaine base for sale to be a felony, and stayed punishment on the simple possession count. The court also declared the marijuana and hit-and-run charges to be misdemeanors. Vincent was awarded 78 days of total wardship credit and placed in the custody of his parents under the supervision of the probation department. The court referred Vincents family for a determination of their ability to repay the county for services associated with the case.
DISCUSSION
Defense counsel represents that he advised his client of his right to submit supplemental written argument on his own behalf and to request that his counsel be relieved. Vincent has done neither. This court has reviewed the entire record on appeal. There are no legal issues that require further briefing.
DISPOSITION
The judgment is affirmed.
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Siggins, J.
We concur:
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McGuiness, P.J.
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Pollak, J.
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