In re Jose P.
Filed 2/25/08 In re Jose P. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
In re JOSE P., a Person Coming Under The Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. JOSE P., Defendant and Appellant. | F052745 (Super. Ct. No. 05CEJ600094-3) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Martin Suits, Commissioner.
Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
-ooOoo-
It was alleged in a juvenile wardship petition (Welf. & Inst. Code, 602) filed March 27, 2007, that appellant Jose P., a minor, committed two misdemeanor offenses: attempting to elude a pursuing peace officer while operating a motor vehicle (Veh. Code, 2800.1, subd. (a);[1]count 1) and driving without a valid drivers license ( 12500, subd. (a); count 2). On April 4, 2007, appellant admitted count 2 and count 1 was dismissed. On April 18, 2007, at the disposition hearing, the court readjudged appellant a ward of the court[2]and ordered appellant committed to the Elkhorn Correctional Facility boot camp program for a period not to exceed 365 days. The court further ordered that if appellant failed to pass the screening for that facility, he would be committed to the Juvenile Justice Campus for 180 days.
Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this courts invitation to submit additional briefing.
FACTUAL BACKGROUND
Instant Offense
The report of the probation officer indicates the following. On March 24, 2007, at approximately 5:52 p.m., a Fresno County deputy sheriff noticed appellant driving a vehicle with a severely damaged windshield. The deputy positioned his vehicle behind appellant and activated his overhead lights. Appellant made no attempt to stop, drove at speeds of up to 40 miles per hour in a residential area and failed to stop at a red light. Eventually, he pulled into the driveway of his home. At that point, appellant was arrested. [Appellant] is not licensed to drive and as a condition of his probation is not to operate a motor vehicle.
Prior Adjudications
As indicated in footnote 2, appellant was initially adjudicated a ward of the juvenile court in 2005. He was placed on probation. His probation was revoked on August 3, 2005, when the court found appellant violated his probation by failing to complete the work program and the electronic monitoring program, failing to attend school and using marijuana. The court ordered appellant committed to the Elkhorn Correctional Facility for a period not to exceed 365 days. He was released on February 9, 2006.
On April 20, 2006, appellant admitted an allegation that he committed a felony violation of section 10851, subdivision (a). On May 4, 2006, the court readjudged appellant a ward of the court and ordered him committed to the Elkhorn Correctional Facility Delta Program for a period not to exceed 365 days.
On February 26, 2007, appellant admitted that he violated his probation by failing to attend school. As indicated above, the wardship petition giving rise to the instant case was filed March 27, 2007.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.
*Before Gomes, Acting P.J., Dawson, J., and Kane, J.
[1] Except as otherwise indicated, all statutory references are to the Vehicle Code.
[2] Appellant was initially adjudged a ward of the court in February 2005, after admitting allegations that he committed two misdemeanor offenses: unlawful taking or driving of a motor vehicle ( 10851, subd. (a)) and battery (Pen. Code, 242).
