In re W.B.
Filed 8/10/09 In re W.B. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 W.B., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. W.B., Defendant and Appellant. | A123674 (Contra Costa County Super. Ct. No. J0801280) |
W.B. appeals from the juvenile courts dispositional order declaring him a ward of the court. The minors counsel on appeal has filed an opening brief that asks this court to conduct an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel informed the minor of his right to file a supplemental brief on his own behalf, but he has not done so.
Background
On November 19, 2008, the minor admitted one count of misdemeanor possession of a weapon on school grounds. (Pen. Code, 626.10, subd. (a).) In advance of the dispositional hearing, the probation officer submitted a report setting forth the following factual circumstances of the crime: On December 4, 2007, a student at the minors middle school was found with a pocket knife in his possession. The minor told the vice-principal that the knife was his and that he had asked his friend to hold it so that he would not get in trouble for bringing it to school. He claimed he had taken the knife without permission from his step-father and had forgotten that he still had it when he came to school. The report indicated that minor had no prior criminal record. The minor had a significant history of behavioral problems at school, although his grades and behavior had improved recently. The minor denied ever using illegal drugs but admitted to drinking alcohol about a year prior.
At the dispositional hearing, the minor requested he be placed on nonwardship probation pursuant to Welfare and Institutions Code section 725, subdivision (a).[1] The court rejected the minors request and declared him a ward of the court pursuant to section 602 of the Welfare and Institutions Code. The minor was placed on probation subject to standard terms of probation, including that he not use alcohol or illegal drugs and submit to testing as required by his probation officer. In addition, the minor was required to complete 20 hours of community service and write an essay on why there is a law prohibiting bringing a weapon on school grounds. The minor filed a timely notice of appeal.
Discussion
We have reviewed the record on appeal and conclude there are no meritorious issues to be argued. The court did not abuse its discretion in declaring the minor a ward of the court rather than imposing nonwardship probation. (In re Michael G. (1977) 76 Cal.App.3d 872, 875.) As noted by the court, the minors serious behavioral problems at school supported extended supervision by the court and the probation department. The conditions of probation were reasonable and appropriate. The minor was effectively represented by counsel throughout the proceedings.
Disposition
The orders are affirmed.
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Pollak, J.
We concur:
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McGuiness, P. J.
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Siggins, J.
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[1] Welfare and Institution Code section 725, subdivision (a) provides in relevant part: If the court has found that the minor is a person described by Section 601 or 602, by reason of the commission of an offense other than any of the offenses set forth in Section 654.3, it may, without adjudging the minor a ward of the court, place the minor on probation, under the supervision of the probation officer, for a period not to exceed six months.


