In re Melissa M. CA1/5

Filed 11/20/13 In re Melissa M. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re MELISSA M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A139016 v. (Contra Costa County MELISSA M., Super. Ct. No. J12-01218) Defendant and Appellant.

Appellant Melissa M. was declared a ward of the juvenile court after a finding that she had committed two second degree robberies. She was initially committed to a custodial treatment program but, subject to conditions of probation, was later returned to her parents’ custody. Melissa subsequently admitted that she had violated certain of those conditions. After a contested dispositional hearing, the court recommitted Melissa to the treatment program for a maximum period of six years. She appeals from the dispositional order. Assigned counsel has submitted a Wende1 brief, certifying that counsel has been unable to identify any issues for appellate review. Counsel also has submitted a declaration confirming that Melissa has been advised of her right to personally file a supplemental brief raising any points which she wishes to call to the court’s attention.

1 People v. Wende (1979) 25 Cal.3d 436.

1

No supplemental brief has been submitted. As required, we have independently reviewed the record. (People v. Kelly (2006) 40 Cal.4th 106, 109–110.) We find no arguable issues and therefore affirm. I. BACKGROUND No appeal was taken from the court’s jurisdictional orders. We therefore discuss the facts underlying Melissa’s offenses only as relevant to the final dispositional order— the sole issue presented on appeal.2 On June 15, 2012, Melissa approached V.G. and B.R. near Richmond High School. When they refused her demand for money, Melissa returned with several other girls. One girl demanded a necklace from B.R. and attempted to take her purse. Melissa told V.G. to give up her backpack, and punched V.G. in the head several times when she refused. Melissa and another girl told the victims that they “better not snitch.” Following a contested jurisdictional hearing, the court sustained the allegations in an amended wardship petition that Melissa had committed two felony counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)). On October 3, 2012, the court held a contested dispositional hearing, finding Melissa to be a ward of the court. Melissa was removed her from her parents’ custody and committed to the Girls In Motion (GIM) treatment program for a maximum period of six years with 47 days credit for time served in juvenile hall. Probation conditions included attending school regularly; not using or possessing illegal drugs or alcohol; participating in individual and family counseling, as well as anger management, theft and victim awareness courses; writing a 250-word letter of apology to each victim; having no contact with the victims or a coparticipant; paying a $200 restitution fine; and paying victim restitution in an amount to be determined. On February 4, 2013, the court set aside the GIM commitment and released Melissa to the custody of her parents. The court ordered 30 days of home supervision and victim restitution.