In re Marcos N. CA5

Filed 12/18/13 In re Marcos N. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re MARCOS N., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067085

Plaintiff and Respondent, (Super. Ct. No. JJD066286)

v. OPINION MARCOS N.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Gabriel C. Vivas, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J., and Peña, J.

INTRODUCTION On July 17, 2012, Marcos N., appellant, waived his rights and admitted allegations in a first amended petition filed pursuant to Welfare and Institutions Code section 602 that he committed second degree vehicle burglary (Pen Code, § 459, count 1),1 received stolen property (§ 496, subd. (a), count 2), committed misdemeanor trespass (§ 602, subd. (m), count 3), and misdemeanor possession of an alcoholic beverage by a minor (Bus. & Prof. Code, § 25662, subd. (a), count 4). Appellant’s admission was dependent on being placed in the Deferred Entry of Judgment program (DEJ). On July 31, 2012, the juvenile court placed appellant on DEJ. Appellant was placed on probation for 12 to 36 months on various terms and conditions. On January 29, 2013, a new petition was filed alleging that appellant carried a concealed weapon (§ 25400, subd. (a)(2), count 1), carried a loaded firearm as an active gang member (§ 25850, subd. (c)(3), count 2), possessed an assault weapon, a felony (§ 30605, count 3), committed misdemeanor possession of live ammunition (§ 29650, count 4), gave away a large-capacity magazine, a felony (§ 32310, count 5), and two counts of resisting an executive officer (§ 69, counts 6 & 7). Each count further alleged a gang enhancement (§ 186.22, subd. (b)(1)(A)). On February 1, 2013, appellant waived his constitutional rights and admitted counts 2, 6 and 7, and the gang enhancement in each of those counts. On February 19, 2013, the juvenile court declared appellant a ward of the court, found its prior commitment of appellant to DEJ was unsuccessful, and terminated appellant’s participation in DEJ. Appellant was informed that the maximum term of confinement for all sustained allegations was nine years ten months with 63 days of custody credits. The court ordered appellant’s placement out of home, committed appellant to the Tulare