In re Randall W.
Filed 8/26/08 In re Randall W. CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE
In re RANDALL W., a Person Coming Under the Juvenile Court Law. | B202077 (Los Angeles County Super. Ct. No. YJ25439) |
THE PEOPLE, Plaintiff and Respondent, v. RANDALL W., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County, Catherine J. Pratt, Temporary Judge. (Pursuant to Cal. Const., art. VI, 21.). Affirmed.
Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance on behalf of Plaintiff and Respondent.
The minor, Randall W., appeals from an order: adjudicating a Welfare and Institutions Code section 777 petition; declaring that he remain a ward of the juvenile court; and placing him in a three-month camp community placement program. (Welf. & Inst. Code, 602.) We affirm the order.
In November 2004, the juvenile court sustained a petition alleging the minor shot at an inhabited dwelling in violation of Penal Code section 246, subdivision (a), a felony punishable by a maximum of seven years. On January 20, 2005, the juvenile court sustained the allegations of a second petition filed on September 21, 2004, charging the minor with misdemeanor battery in violation of Penal Code section 243. The court placed the minor home on probation with a maximum confinement time of seven years and two months. He received a predisposition credit of 82 days.
On December 19, 2005, the juvenile court sustained the allegations of a third petition, filed on November 29, 2005, charging the minor with: firearm possession in violation of Penal Code section 12101, subdivision (a)(1) (count 1); live ammunition possession in violation of Penal Code section 12101, subdivision (b)(1) (count 2); and delaying or obstructing a peace officer in violation of Penal Code section 148, subdivision (a)(1) (count 3). The juvenile court dismissed gang benefit allegations in counts 1 and 2 (Pen. Code 186.22, subds. (b)(1)(A) & (d)) as not true. The previous home on probation order was terminated. The minor was placed in a six-month camp community placement program with a maximum confinement period of eight years and two months. The juvenile court chose not to aggregate the time imposed for the misdemeanor battery. The minor received 27 days of predisposition credit.
On August 7, 2007, a Welfare and Institutions Code section 777 petition was filed. The modification petition alleged violations of various probation conditions in that the minor: failed to obey all orders of the probation officer and of any court (count 1); had associated with persons disapproved of by his parent or probation officer and with persons known to be users or sellers of narcotics or controlled substances (count 2); and had participated in gang activity (count 3). On August 27, 2007, the juvenile court sustained the petition as to counts 1 and 3; count 2 was dismissed as not true. The juvenile court continued the minors wardship status and placed him in a three-month camp community placement program. The juvenile court did not comment on the maximum term of physical confinement and did not award predisposition credits. The August 27, 2007 minute order, however, states that the placement was with a maximum period of confinement time of 8 years and 2 months and the minor received 26 days of predisposition credit. The orally imposed disposition as reflected in the reporters transcript controls over the disposition recorded in the clerks transcript. (People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2; People v. Mesa (1975) 14 Cal.3d 466, 471.)
We appointed counsel to represent the minor on appeal. Appointed counsel has filed a brief in which no issues are raised. (People v. Wende (1979) 25 Cal.3d 436, 441-442; In re Kevin S. (2003) 113 Cal.App.4th 97, 100-119; see Smith v. Robbins (2000) 528 U.S. 259, 264.) On June 17, 2008, we advised the minor he had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or argument he wished this court to consider. The minor has not filed any response.
We have reviewed the entire record and are satisfied the minors appellate attorney has fully complied with her responsibilities and no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at pp. 441-442; see Smith v. Robbins, supra, 528 U.S. at p. 276.) The minor is not prejudiced by any error as to predisposition credits. He has necessarily completed the three-month camp placement ordered in August 2007. If at a future date he violates the terms of his probation, a further noticed hearing will occur before he is subjected to a modified dispositional order. (See Welf. & Inst. Code, 777; Cal. Rules of Court, rule 5.580(a).) If that occurs, the juvenile court will then calculate predisposition credits. Further, the probation violation did not affect the maximum period of confinement set forth in the December 19, 2005 dispositional order. (See In re Eddie M. (2003) 31 Cal.4th 480, 506; In re Brian K. (2002) 103 Cal.App.4th 39, 43-44.)
The order under review is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER, P. J.
We concur:
ARMSTRONG, J.
MOSK, J.
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