In re E.N. CA6

Filed 8/1/13 In re E.N. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038827 (Monterey County Plaintiff and Respondent, Super. Ct. No. J46700)

v.

E.N.,

Defendant and Appellant.

Minor E.N. appeals the juvenile court’s order deeming him a ward of the court after he admitted to being a minor in possession of a concealable firearm, in violation of Penal Code section 29610. On appeal, minor claims the court did not comply with Welfare and Institutions Code section 7261 because it: (1) failed to make required findings before adjudicating minor a ward of the court and removing him from the physical custody of his parents (§ 726, subd. (a)); and (2) failed to identify the maximum time minor could be confined (Id., subd. (d)). For the reasons stated here, we will affirm the juvenile court’s judgment and order that the dispositional order be amended to reflect the maximum term of confinement. I. FACTUAL AND PROCEDURAL BACKGROUND In August 2012, during a pat down of minor after a lawful stop of a vehicle in which minor was a passenger, police discovered a loaded .380-caliber semiautomatic pistol. In response, the People filed a juvenile wardship petition alleging: (1) felony

1 Unspecified statutory references are to the Welfare and Institutions Code.

possession of a loaded firearm in a vehicle (Pen. Code, § 25850, subd. (a)); (2) minor in possession of a concealable firearm, a felony (id., § 29610); and (3) minor in possession of live ammunition, a misdemeanor (id., § 29650). In return for minor’s agreement to admit possession of a concealable firearm, the People dismissed the other two counts. At the time minor admitted the charge,2 the court asked minor if he understood that the concealable firearm charge “has a maximum of three years of possible confinement time so if you were not successful on probation and the Court made you a ward of the Court, and you were placed in out of home placement, then the Court could keep you confined or placed in out of home placement up to three years less any credits that you have in the juvenile hall?” In response, minor answered, “Yes.” The Monterey County Probation Department prepared a report and an addendum, which discussed minor’s history as well as his eligibility and suitability for deferred entry of judgment. (See Cal. Rules of Court, rule 5.800 [containing eligibility requirements for deferred entry of judgment].) The report stated minor began using marijuana at 11 years old and alcohol at 14 years old. At the time of his arrest, minor stated he used marijuana daily and alcohol once a week. The report also indicated minor had gang-related tattoos and described himself as an associate of the Norteño gang. Regarding his suitability for deferred entry of judgment, the addendum noted appropriate behavior during his confinement at Juvenile Hall, satisfactory school performance, and successful prior treatment history. Despite these positive factors, the probation officer recommended finding minor unsuitable for deferred entry of judgment. In support, the addendum pointed to minor’s mother’s statement during her interview that she has no control over minor’s behavior and that she was aware of his association with