In re Anthony E. CA5

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

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

THE PEOPLE, F066337

Plaintiff and Respondent, (Super. Ct. No. JJD065887)

v. ANTHONY E., OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Jennifer Shirk, Judge. Linda K. Harvie, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Wiseman, Acting P.J., Levy, J., and Detjen, J.

On October 31, 2012, appellant, Anthony E., admitted violating his probation in Tulare County Superior Court case No. JJD065887. On November 15, 2012, the court committed Anthony to the Tulare County Juvenile Ranch Camp. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTS On January 19, 2012, the prosecution filed a first amended petition charging Anthony with possession of live ammunition by a minor (former Pen. Code, § 12101, subd. (b)(1)) and carrying a dirk or dagger (former Pen. Code, § 12020, subd. (a)(4)). On February 24, 2012, Anthony admitted the petition allegations contingent upon the court granting him deferred entry of judgment (DEJ). On March 26, 2012, the court found Anthony not suitable for DEJ and Anthony withdrew his admission of the two charges. On June 13, 2012, Anthony admitted the possession of a dirk or dagger charge as a misdemeanor and the remaining charge was dismissed. The court then placed Anthony on formal probation and placed him in the custody of his mother. On July 2, 2012, the district attorney filed a petition charging Anthony with possession of live ammunition by a minor, a misdemeanor. On July 3, 2012, Anthony admitted the charge and was again placed on formal probation. However, after that date, Anthony did not attend school, anger management classes or substance abuse counseling as required by his terms and conditions of probation. Additionally, Anthony’s house was a known gang hangout to Visalia police officers and on several occasions gang members were seen by officers congregating inside and outside his residence. On October 26, 2012, Anthony was with two documented gang members at his residence when he was arrested for violating his probation.