In re Deante F.
Filed 11/4/08 In re Deante F. CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re DEANTE F., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. DEANTE F., Defendant and Appellant. | D052486 (Super. Ct. No. J209748) |
APPEAL from an order of the Superior Court of San Diego County, Laura H. Parsky, Judge. Affirmed.
Deante F., a former ward of the juvenile court, moved under Welfare and Institutions Code[1]section 781 to seal the juvenile records in this case, which involves an attempted robbery (Pen. Code, 664/211) and assault by means of force likely to cause great bodily injury (Pen. Code, 245, subd. (a)(1)). The juvenile court denied the motion on the grounds that section 781 precludes sealing a person's juvenile record in any case in which the person has been found to have committed an offense listed in section 707, subdivision (b). Deante appeals the denial of his section 781 motion.
FACTS
On September 22, 2005, Deante and an adult companion attacked a 47-year-old man outside a Sears department store and attempted to rob him. The victim suffered a fractured left orbital as a result of the attack.
On November 14, 2005, the juvenile court made a true finding on the attempted robbery and assault counts. The court declared Deante a ward of the court and placed him on probation.
On November 13, 2006, after Deante had successfully completed his probation, including the payment of restitution, the juvenile court terminated jurisdiction and dismissed the petition in the interests of justice under section 782.
In June 2007 Deante filed a petition to seal his records under section 781.
On February 5, 2008, the juvenile court denied the petition. The court found that it did not have the authority to order the records sealed under section 781 because the statute includes the following language: "Notwithstanding any other provision of law, the court shall not order the person's records sealed in any case in which the person has been found by the juvenile court to have committed an offense listed in subdivision (b) of Section 707 when he or she had attained 14 years of age or older." ( 781, subd. (a).)
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the exclusion in section 781 to sealing juvenile records in cases where the court has found the minor committed a section 707, subdivision (b) offense applies in a case in which the juvenile petition has been dismissed; and (2) whether the minor who is petitioning the court to seal records bears the burden to prove that the offense was not a section 707, subdivision (b) offense.
We granted Deante permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Deante on this appeal.
DISPOSITION
The order is affirmed.
AARON, J.
WE CONCUR:
O'ROURKE, Acting P. J.
IRION, J.
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[1] Statutory references are to the Welfare and Institutions Code unless otherwise noted.
