In re W.W. CA1/1

Filed 7/31/24 In re W.W. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In re W.W., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A168851

Plaintiff and Respondent, (Contra Costa County v. Super. Ct. No. J23-00449) W.W., Defendant and Appellant.

W.W. appeals from a no contest plea to a single felony count of assault likely to cause great bodily injury in violation of Penal Code1 section 245, subdivision (a)(4), and a single misdemeanor count of taking property from the person of another in violation of section 487, subdivision (c). His court-appointed counsel has filed a brief seeking our review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine whether there are any arguable issues on appeal. We conclude there are no issues requiring further review and affirm.

1 Undesignated statutory references are to the Penal Code.

I. BACKGROUND In June 2023, seventeen-year-old W.W. and a friend were to meet the victim under the guise of buying a PS5 video gaming device from him. Instead, they robbed the victim of the device, and W.W.’s friend shot the victim in his left thigh. A petition was filed under Welfare and Institutions Code section 602 charging W.W. with second degree robbery with an enhancement due to the use of a firearm by a principal in the commission of the crime. (§§ 211, 212.5, subd. (c), 12022, subd. (a)(1).) W.W.’s age and the nature of the charge made him ineligible for deferred entry of judgment. At the pretrial conference, W.W.’s counsel informed the court of a negotiated disposition and his willingness to enter a no contest plea to an amended petition. The petition was amended to add a single count of felony assault likely to cause great bodily injury (§ 245, subd. (a)(4)) and a single count of theft from the person of another (§ 487, subd. (c)), a misdemeanor. The juvenile court questioned W.W. on his willingness to enter a no contest plea, the voluntariness of his plea and his waiver of his constitutional rights. W.W. entered no contest pleas to the new counts, and the court found a factual basis for the plea. The original robbery charge was dismissed. (§§ 211, 212.5, subd. (c).) He was retained in custody pending disposition. W.W. and his siblings had a lengthy history of involvement with the dependency system, and at the disposition hearing the court learned of a possible open dependency case where W.W. had