In re J.B. CA6

Filed 10/4/13 In re J.B. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

IN RE J.B., a Person Coming Under the H039450 Juvenile Court Law. (Santa Clara County Super. Ct. No. JV38353)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.B.,

Defendant and Appellant.

The minor, J.B., appeals from the March 13, 2013 dispositional order that followed his admissions that he committed vehicle theft (Veh. Code, § 10851, subd. (a)) and burglary (Pen. Code, §§ 459, 460, subd. (a)) and his admissions to five probation violation notices. The juvenile court ordered the minor committed to the Enhanced Ranch Program (the ranch) for six to eight months. On appeal, the minor’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 that states the case and facts, but raises no issue. We notified the minor of his right to submit written argument on his own behalf within 30 days. The 30-day period has elapsed and we have received no response from the

minor. Pursuant to People v. Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following the California Supreme Court’s direction in People v. Kelly, supra, 40 Cal.4th at page 110, we provide a brief description of the facts and the procedural history of the case. FACTUAL AND PROCEDURAL BACKGROUND A. Welfare and Institutions Code Section 6021 Petition On June 7, 2011, a section 602 petition was filed alleging that the 15 year-old minor committed vehicle theft (Veh. Code, § 10851, subd. (a)) and burglary (Pen. Code, §§ 459, 460, subd. (a)). According to the probation officer’s report, on June 5, 2011, the minor’s mother reported that the minor had stolen her cousin’s vehicle two days earlier. When contacted by the police, the minor admitted possessing the stolen vehicle. The probation officer’s report also reflected that the minor had been involved in a burglary on April 12, 2011. A person living in an apartment above the minor’s apartment had reported that two necklaces had been stolen. A witness had seen the minor remove a window screen and climb into the apartment. When contacted by the police, the minor admitted entering the apartment and taking the necklaces. The probation officer’s report noted that the minor regularly smoked marijuana and drank alcohol. The minor had previously been issued citations for possession of a knife at school, vandalism, and possession of marijuana and tobacco, but those matters were closed after the minor completed programs through the Restorative Justice Program. The minor was a special education student with an Individualized Education Program (IEP) who had been expelled from school due to poor attendance.