Filed 5/29/13 In re William W. CA5
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115.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
In And For The
Fifth Appellate
District
In re WILLIAM W., a Person Coming Under the
Juvenile Court Law.
THE PEOPLE,
Plaintiff
and Respondent,
v.
WILLIAM W.,
Defendant
and Appellant.
F065626
(Super. Ct. No. JW101780-03)
OF OPINION
Change in Judgment]
BY THE COURT:
It
is ordered that the nonpublished opinion filed herein on May 3, 2013, be
1.
On page 3, the
first sentence of the first full paragraph, not including footnote 3, is
deleted and replaced with the following:
On July 9,
2012, the juvenile court continued appellant’s probation and ordered him to be
housed at DJF temporarily for a term not to exceed his 21st birthday.
This
modification does not affect the judgment.
_____________________
Poochigian, Acting P.J.
I CONCUR:
___________________ Detjen, J.
Filed 5/3/13 (unmodified version)
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115.
CALIFORNIA
FIFTH APPELLATE DISTRICT
In re WILLIAM W., a Person Coming Under the
Juvenile Court Law.
THE PEOPLE,
Plaintiff
and Respondent,
v.
WILLIAM W.,
Defendant
and Appellant.
F065626
(Super. Ct. No. JW101780-03)
THE COURT
APPEAL from
a judgment of the Superior Court of Kern County. Jon E. Stuebbe, Judge.
Randall Conner, under appointment
by the Court of Appeal, for Defendant and Appellant.
Office of
the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
FACTS AND
PROCEEDINGS
On January 30, 2006, appellant, William W., waived his rights and
admitted an allegation that he committed lewd and lascivious acts with a minor
under 14 years old in violation of Penal Code section 288, subdivision (a).
Appellant was placed on probation for a period not to exceed his 21st
birthday. In January 2009, a
supplemental petition was filed alleging that appellant had failed in his
placement in four group homes. In February
2009, appellant was committed to the Division of Juvenile Justice, Department
of Juvenile Facilities (DJF).
The California Supreme Court issued its
opinion in In re C.H. (2011) 53
Cal.4th 94, limiting commitments to DJF to offenses enumerated in Welfare and
Institutions Code section 707, subdivision (b).
The Legislature passed emergency legislation effective February
29, 2012, in response to the decision in C.H.,
amending Welfare and Institutions Code sections 731 and 733 so that a minor may
be committed to DJF if the offense is described in either subdivision (b) of
Welfare and Institutions Code section 707 or subdivision (c) of Penal Code
section 290.008.
title="">[2]
On
April 12, 2012, appellant’s commitment to DJF was recalled and the juvenile
court placed appellant on probation. On
May 7, 2012, a petition was filed pursuant to Welfare and Institutions Code
section 777, alleging that appellant violated the terms of his probation by
failing to follow his probation officer’s instructions to stay at the Rescue
Mission until he found a permanent residence.
Appellant’s probation officer testified that appellant called him one
night and stated that he was not sleeping in the Rescue Mission, his then
reported address, but was sleeping in an alley.
The probation officer had previously explained to appellant that he was
to check into the Rescue Mission every evening, and appellant’s call to him was
not an appropriate means of notification that his address had changed. The juvenile court found that appellant
violated the terms of his probation.
On July 9, 2012, the juvenile court continued
appellant’s probation and committed him to DJF temporarily for a term not to
exceed his 21st birthday.
name="_ftnref4" title="">[3] We
review the appeal pursuant to People v.
Wende (1979) 25 Cal.3d 436 (
APPELLATE COURT REVIEW
Appellant’s appointed appellate
counsel has filed an opening brief that summarizes the pertinent facts, raises
no issues, and requests this court to review the record independently. (Wende,
supra, 25 Cal.3d 436.) The opening brief also includes the
declaration of appellate counsel indicating that appellant was advised he could
file his own brief with this court. By
letter on January 16, 2013, we invited appellant to submit additional
briefing. To date, he has not done so.
After
independent review of the record, we have concluded there are no reasonably
arguable legal or factual issues.
DISPOSITION
The orders of the juvenile court are affirmed.
name="_ftn1" title="">* Before Levy, Acting P.J., Poochigian,
J., and Detjen, J.
name="_ftn2" title="">[1] Appellant had a prior sustained allegation
filed in previous petitions pursuant to Welfare and Institutions Code section
602. Appellant committed a misdemeanor
criminal threat in 2003 (Pen. Code, §§ 422 & 17).
