In re L.F. CA1/1

Filed 12/30/13 In re L.F. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re L.F., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. L.F., A138398 Defendant and Appellant. (Contra Costa County Super. Ct. No. J1200726)

L.F. appeals from a dispositional order by the juvenile court following his no contest plea to assault by force likely to produce great bodily injury (Pen. Code, § 245(a)(1)),1 receiving stolen property (§ 496(a)) and a misdemeanor charge of street terrorism (§ 186.22(a)). The court declared wardship, ordered defendant removed from his parent’s home and committed him to 18 months at the Youth Offender Treatment Program, along with imposing other terms and conditions of probation. The minor’s appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to the minor, result in reversal or modification of the orders. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436.) The minor was notified of his right to file a supplemental brief, but has not done so. Upon independent review of the record, we

1 All further statutory references are to the Penal Code unless otherwise noted. 1

conclude no arguable issues are presented for review, and affirm the juvenile court’s order. BACKGROUND We recite only the facts relevant to our review in light of defendant’s no contest plea. The allegations in the Welfare and Institutions Code section 602 petition arise from two incidents. The first, on January 13, 2012, occurred an AC transit bus. Defendant and four other males boarded the bus, went to the rear and attacked two other juveniles, including dragging them off the bus, beating them up and taking personal property. Defendant and the others in the group were “validated” as members of a local street gang, “Swerve Team,” and during the assault, audio recording picked up yells of “Swerve” and “Swerve Team.” The second incident, on May 10, 2013, involved an armed robbery of a driver parked in front of his residence. Defendant approached the car, asked the time, then opened the passenger door. Another male opened the driver’s door, held a gun to the driver’s head and told him to close his eyes. Defendant then took the driver’s wallet; either defendant or the other male also took the driver’s cell phone. As a result of the second incident, the amended section 602 petition included five counts: counts 1 and 2, assault by force likely to produce great bodily injury (§ 245, subd. (a)(1)); count 3, second degree robbery (§§ 211, 212.5, subd. (c)); count 4, street terrorism (§ 186.22, subd. (a)); and count (5) receiving stolen property (§ 496 subd. (a)). A gang enhancement (§ 186.22, subd. (b)(1)) was alleged as to counts 1 through 3 and 5. As to count 3, it was alleged defendant used a firearm (§ 12022.53, subds. (b), (e)(1)). As to counts 4 and 5, it was alleged defendant was armed with a firearm (§ 122022, subd. (a)(1)). On February 7, 2013, defendant entered into a negotiated disposition. The petition was amended to include an additional count, count 6, of misdemeanor street terrorism (§ 186.22, subd. (a)). After full advisement as to the rights he would be waiving, defendant then pleaded no contest to counts 1, 5 and 6. The remaining counts and all enhancements were dismissed. The trial court, having queried defendant, found his plea was knowingly, intelligently, and voluntarily made.