In re D.M. CA1/4

Filed 7/16/13 In re D.M. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

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

THE PEOPLE, Plaintiff and Respondent, v. A138193 D. M., (Contra Costa County Defendant and Appellant. Super. Ct. No. J07-01949)

D. M. appeals from an order declaring him a ward of the juvenile court and placing him on probation in his mother’s home. His counsel raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was apprised of his right to file a supplemental brief but did not do so. On November 13, 2007, a Welfare and Institutions Code1 section 602 petition was filed charging defendant, then age 13, with attempted second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c) & 664). The charges stemmed from an incident in which defendant and two co-participants attempted to take an iPod from a 13-year-old boy. The court adjudged defendant a ward of the court and placed him on home supervision.

1 Unless otherwise indicated, all further statutory references are to the Welfare and Institutions Code.

1

Defendant violated the home supervision program by being suspended from school for fighting. The court again ordered him released to his mother’s home and placed him on electronic monitoring. Defendant subsequently tested positive for marijuana and was again suspended from school for physically interfering with a teacher who was trying to stop a fight. On February 2, 2009, the court ordered defendant committed to the Orin Allen Youth Rehabilitation Facility (OAYRF) for six months. He was removed from OAYRF in April 2009, following a fight with another resident. Defendant admitted the probation violation on May 6, 2009 and was again committed to the OAYRF. He successfully completed the OAYRF program in August 2009. Defendant, however, continued to violate probation and commit offenses resulting in a supplemental section 602 petition being filed in March 2010 alleging that defendant, a minor, possessed ammunition (§ 777; Pen. Code, § 12101, subd. (b)). Defendant admitted the allegations of the supplemental petition and was ordered released to his mother on electronic monitoring. In May 2010, the court found defendant in violation of probation for being tardy to school, missing classes, and being suspended. The court again ordered defendant released to his mother on electronic monitoring. A second supplemental petition was filed on November 23, 2010 alleging that defendant committed burglary, receiving stolen property, possession of marijuana, and vandalism. The court sustained the allegations as to the receiving stolen property and vandalism counts. The court ordered defendant detained in juvenile hall pending a placement in the OAYRF program. In December 2011, after his release from the OAYRF, defendant violated the terms of his probation. Defendant admitted the violation and was ordered released to his mother on electronic monitoring. Defendant violated probation again in January 2012 by smoking marijuana. The court again released defendant on electronic monitoring. On May 25, 2012, a third supplemental petition was filed alleging that defendant committed first degree residential burglary in December 2011. The matter was continued for several months. In September 2013, defendant requested a continuance to conduct