In re D.W. CA1/4

Filed 9/30/13 In re D.W. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.W., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A138467 v. (Contra Costa County D.W., Super. Ct. No. J10-00763) Defendant and Appellant.

Appellant D.W. appeals from a final judgment disposing of all issues between the parties. Appellant’s counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel included a declaration stating she has notified appellant that no issues were being raised by counsel on appeal and that an independent review under Wende instead was being requested. Counsel also advised appellant of his right personally to file a supplemental brief raising any issues chosen to bring to this court’s attention. No supplemental brief has been filed by appellant personally. A petition was filed by the Contra Costa County District Attorney seeking to have appellant adjudged a ward of the court (Welf. & Inst. Code, § 602, subd. (a)), and alleged one count of battery on a school employee (Pen. Code, § 243.6), one count of making a

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criminal threat on a school employee (Pen. Code, § 71) and one count of making a criminal threat (Pen. Code, § 422). Appellant was ordered to be detained. On September 13, 2010, appellant admitted the misdemeanor charge of battery on a school employee, and the other charges were dismissed. He was later adjudged a ward of the court, and ordered to remain in juvenile hall pending placement. He was subsequently accepted into the Charis Youth Center, however, he violated his probation at Charis and was ordered back to juvenile hall pending a new placement. Thereafter, appellant was placed in the Willow Creek Group Home, but it was alleged that he violated his probation again when he was at Willow Creek. The court sustained the violation on May 11, 2011, continued his detention in juvenile hall, and set the matter for a dispositional hearing on May 25, 2011. At the May 25 hearing, the court placed D.W. on formal probation for six months, released him to his parents, and required that he comply with standard conditions of probation. On July 29, 2011, the Stanislaus County District Attorney filed a subsequent Welfare and Institutions Code section 602 petition, alleging one count of auto theft (Veh. Code, § 10851, subd. (a)), and one count of driving without a license (Veh. Code, § 12500, subd. (a)). D.W. was transferred to Contra Costa County, and on August 17, 2011, the court issued a dispositional order placing D.W. on deferred entry of judgment (DEJ) for a minimum of 12 and a maximum of 36 months. He was placed in Mill House Group Home on August 26, 2011. D.W. left Mill House without permission on April 30, 2012, and was subsequently arrested. After his arrest, he was placed in Anchor Group Home on June 6, 2012, but left the following day without permission. On August 24, 2012, the court terminated DEJ, based on D.W.’s history of absconding. During a dispositional hearing on September 5, 2012, the court ordered that D.W. be detained in juvenile hall pending his delivery to placement. D.W. was placed in Aldea Home on October 26, 2012. On November 5, 2012, the probation department filed a Welfare and Institutions Code section 777 probation violation notice, alleging that D.W. had absconded from Aldea on October 31, 2012. D.W. admitted the probation violation on January 22, 2013,