In re N.W.
Filed 1/23/13 In re N.W. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
FOURTH APPELLATE DISTRICT
DIVISION TWO
In re N.W., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff
and Respondent,
v.
N.W.,
Defendant
and Appellant.
E056985
(Super.Ct.No.
INJ1200283)
OPINION
APPEAL
from the Superior Court
of
County. Ronald L.
Johnson, Judge. (Retired judge of the
San Diego Super. Ct. assigned by
the Chief Justice pursuant to art. VI, § 6 of the Cal.
Const.) Affirmed.
Meldie
M. Moore, under assignment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
Defendant
and appellant N.W. appeals from the juvenile court’s judgment of August 21, 2012, declaring her a ward
of the court pursuant to Welfare and Institutions Code section 602.
On
March 16, 2012, at about 9:00 p.m., a sheriff’s deputy was doing an
“area check†through the Michigan Apartments in Palm
Desert. A maintenance worker gained the deputy’s
attention and told him there was a female named N.W. that was on the property
and that she was not allowed to be there.
The worker provided a physical description of N.W. and asked the deputy
to escort her off the property if he found her.
A minute or two later the deputy saw N.W., then age 13, standing on a
strip of grass belonging to the Michigan Apartments, about five feet off the
sidewalk along Michigan Street near its intersection with Idaho.
The
deputy parked his patrol car and approached N.W. He asked her if she was N.W. and she said she
was. The deputy told N.W. she was
trespassing. N.W. said she knew she was
trespassing, but that she was waiting for a ride. The deputy asked N.W. for her identification
and for her to remove all of her property from her pockets and place it on the
trunk of a car parked nearby. N.W.
placed the contents of her left pocket on the car. As she reached into her right pocket, the
deputy saw something heavy drop to the bottom of the pocket. The deputy tapped the object with his hand
and asked her what it was. N.W. stated
it was a knife. At the deputy’s request,
N.W. removed the knife from her right pocket, along with some credit
cards. The credit cards turned out to be
stolen.
On
June 15, 2012, the People
filed a section 602 petition alleging N.W. received stolen property on March 16, 2012, in violation of Penal
Code section 496, subdivision (a).
On
July 26, 2012, the People
filed a second petition alleging N.W. committed trespass on February 6, 2012, in violation of
Penal Code section 602, subdivision (o).
On
August 1, 2012, N.W. filed a
motion to suppress evidence under
section 700.1 as to the receiving stolen property allegation. After full briefing on this issue by both
sides, the juvenile court held a hearing on the motion on August 7, 2012, at which the arresting deputy
testified. At the conclusion of the
hearing, the court denied the motion.
On
August 21, 2012, as part of
an agreed-to disposition, N.W. admitted to having committed misdemeanor
receiving stolen property and misdemeanor trespass. The court declared N.W., a ward and placed
her on probation for six months. This
appeal followed.
Upon N.W.’s
request, this court appointed counsel to represent her. Counsel has filed a brief under the authority
of People v. Wende (1979) 25 Cal.3d
436 and Anders v. California (1967)
386 U.S. 738 setting forth a statement of the case and potential arguable
issues and requesting this court review the entire record.
We offered N.W. an
opportunity to file a personal
supplemental brief, which she has not done. We have now concluded our
independent review of the record and find no arguable issues.
>
Disposition
The judgment is
affirmed.
NOT TO BE
PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
RICHLI
J.
KING
J.
name="_ftn1" title=""> [1] All section references are to the Welfare and
Institutions Code unless otherwise indicated.
