In re G.R. CA6

Filed 10/18/13 In re G.R. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 G.R., a Person Coming Under the H039317 Juvenile Court Law. (Santa Clara County Super. Ct. No. JV39076)

THE PEOPLE,

Plaintiff and Respondent,

v.

G.R.,

Defendant and Appellant.

A Welfare and Institutions Code section 6021 petition (602 petition) alleged that G.R. (the minor) committed a burglary at a store and further alleged three drug and alcohol-related offenses. After the minor admitted one of the drug offenses as well as committing the burglary, the People dismissed the other two charges. He was placed on probation, but allowed to return home with electronic monitoring program (EMP). The minor violated probation several times, was placed in the juvenile treatment court (JTC) program and eventually put in a residential treatment facility, which he also failed. Following a contested dispositional hearing, the juvenile court ordered the minor committed to the juvenile rehabilitation facilities--enhanced ranch program for a period of six to eight months. The maximum time of confinement was set at three years, eight

1 All further statutory references are to the Welfare and Institutions Code.

months, with predisposition credits of 117 days. The court further ordered the minor and his parent/guardian to pay a restitution fine of $625.98 and ordered attorney fees in the amount of $300, subject to the minor’s and his parent’s/guardian’s ability to pay. We appointed counsel to represent the minor in this court. Appointed counsel filed an opening brief which states the case and the facts, but raises no specific issues. We notified the minor of his right to submit written argument in his own behalf within 30 days. That period has elapsed, and we have received no written argument from the minor. I. FACTUAL AND PROCEDURAL BACKGROUND A. The “A” petition On April 5, 2012, a 602 petition was filed, charging the minor with two felonies, specifically possession of concentrated cannabis (Health & Saf. Code, § 11357, subd. (a), count 1) and commercial burglary (Pen. Code, §§ 459, 460, subd. (b), count 4); as well as two misdemeanors, public intoxication (id., § 647, subd. (f), count 2) and possession of marijuana at school (Health & Saf. Code, § 11357, subd. (e), count 3). In an interview with a probation officer, the minor admitted to possession of marijuana and concentrated cannabis at school. He further admitted that he threw a rock through the glass door of a supermarket, went inside, and stole a case of beer and some vodka. Though eligible for deferred entry of judgment, the minor was deemed unsuitable for that program because of his substance abuse problems as well as his poor behavior at school. On May 21, 2012, the minor admitted counts 1 and 4 of the petition, and counts 2 and 3 were dismissed. The minor was declared a ward of the court and was allowed to return home in the custody of his legal guardian on probation with conditions which included curfews, EMP, chemical testing, and counseling for substance abuse issues. B. The “B” petition On May 30, 2012, a section 777 notice was filed, alleging that the minor failed EMP after leaving home without permission on May 26, 2012. A bench warrant was