In re Andres R. CA4/3

Filed 9/24/13 In re Andres R. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

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

THE PEOPLE, G048028 Plaintiff and Respondent, (Super. Ct. No. DL043748) v. OPINION ANDRES R.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Cheryl L. Leininger, Judge. Affirmed. Meldie M. Moore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Introduction The juvenile court declared defendant Andres R. a ward of the court under Welfare and Institutions Code section 602, after Andres admitted he committed the felony offense of first degree residential burglary. We appointed counsel to represent Andres on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting that we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738, appointed counsel suggests we consider whether the juvenile court properly denied Andres’s motion for deferred entry of judgment, brought pursuant to Welfare and Institutions Code section 790. On July 12, 2013, this court provided Andres with 30 days to file written argument on his own behalf. That period of time has passed, and we have received no communication from him. We have examined the entire record and counsel’s Wende brief, and find no arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

Background In November 2012, a petition was filed in the juvenile court under section 602 of the Welfare and Institutions Code, alleging Andres committed one count of first degree residential burglary in violation of Penal Code sections 459 and 460, subdivision (a). The petition further alleged that offense came within the meaning of 1 Penal Code section 462, subdivision (a).