In re T.C. CA1/1

Filed 2/28/14 In re T.C. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 T.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. T.C., A139440 Defendant and Appellant. (Humboldt County Super. Ct. No. JV110170)

Defendant T.C. appeals following a contested jurisdictional hearing and dispositional order of the juvenile court, as authorized by Welfare and Institutions Code section 800. Appellate counsel has reviewed the file in this case and has determined there are no meritorious issues to raise in the appeal. She has complied with the relevant case authorities. (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 conclude no arguable issues are present for review and affirm the judgment. STATEMENT OF THE CASE Defendant was alleged to be a ward of the court pursuant to an original Welfare and Institutions Code section 602 petition charging him with a violation of Vehicle Code section 2800.2, subdivision (a) (evading an officer), Penal Code section 148, subdivision

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(a)(1) (resisting an officer), Vehicle Code section 10851, subdivision (a) (unlawful taking of a motor vehicle), Vehicle Code section 12500, subdivision (a) (unlicensed driving of a motor vehicle), and Penal Code section 488 (petty theft). On November 30, 2011, T.C. entered an admission to an amended count of misdemeanor Vehicle Code section 2800.1, subdivision (a) (evading an officer), Vehicle Code section 10851, subdivision (a), and Penal Code section 488. The remaining allegations and charges were dismissed. The maximum confinement time was set at one year six months. On December 14, 2011, he was placed on probation without wardship, but was subject to several conditions. A second 602 petition was filed on February 6, 2012, alleging misdemeanor violation of Penal Code section 242 (battery), as well as a violation of probation. T.C. admitted the allegations on that petition on March 8, 2012. Before the disposition of that petition, a new violation of probation was filed on March 12, 2012. Defendant admitted allegations 1 and 4 of the new petition, alleging he tested positive for THC and intoxicants. At the dispositional hearing of April 25, 2012, defendant was declared a ward of the court and remained on probation. On July 9, 2012, T.C. admitted violating his probation by consuming alcohol and marijuana, as well as testing positive for THC. Wardship was again continued, but defendant was directed to serve 60 days in juvenile hall. He successfully finished the Humboldt County Alcohol and Other Drug Programs, as well as the Functional Family Therapy program. Defendant later tested positive for marijuana and was directed to serve an additional 60 days in juvenile hall. On March 13, 2013, defendant admitted allegations of a violation of probation alleging he had failed to report to probation as ordered, had tested positive for THC 18 times since September 19, 2012, and had walked away without permission from a juvenile work alternative program. Wardship continued as a disposition. Another 602 petition was filed on May 20, 2013 alleging a violation of Penal Code section 148, subdivision (a)(1) (resisting arrest), Penal Code section 647, subdivision (f) (public intoxication) and violation of probation. On June 4, 2013, defendant admitted a violation of Penal Code section 647, subdivision (f) and the probation violation. The