In re Rolando M. CA5

Filed 1/27/14 In re Rolando M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ROLANDO M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067185

Plaintiff and Respondent, (Super. Ct. No. JJD065325)

v. ROLANDO M., OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Jennifer Conn Shirk, Judge. Carol A. Koenig, 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 Gomes, Acting P.J., Kane, J., and Poochigian, J.

The court continued appellant, Rolando M., as a ward of the court after appellant admitted allegations charging him with violating his probation. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On September 20, 2011, appellant and another male juvenile broke into a home in Shafter, ransacked the interior, and took a Nintendo game console. On January 26, 2012, the Kern County District Attorney filed a petition charging appellant with residential burglary (Pen. Code, § 460, subd. (a)) and misdemeanor vandalism (Pen. Code, § 594, subd. (b)(2)(A)). On February 29, 2012, after appellant admitted the residential burglary charge, the vandalism charge was dismissed, the matter was transferred to Tulare County for disposition, and appellant was released to the custody of his mother. That evening, appellant and several other juveniles took a toy vending machine from a business in Earlimart. Appellant was arrested on March 1, 2012. On March 5, 2012, the Tulare County District Attorney filed a petition charging appellant with grand theft (Pen. Code, § 487, subd. (a)). On April 12, 2012, appellant admitted the grand theft charge. On April 26, 2012, the court placed appellant on probation and committed him to the Tulare County Youth Correctional Center Unit for 365 days. On May 2, 2012, the court set appellant’s maximum term of confinement at seven years eight months. On January 4, 2013, appellant completed the residential phases of the Long Term Program and was released to aftercare on a GPS monitor. Appellant, however, did not enroll in or attend North Kern Community School after his release, as he was required to do by his conditions of probation.