In re J.M. CA2/8

Filed 6/16/14 In re J.M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT In re J.M., a Person Coming Under the B251853 Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ43091)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.M.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kevin Brown, Judge. Affirmed.

Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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J.M., now 18, appeals from an order declaring him a ward of the juvenile court pursuant to Welfare and Institutions Code section 602, following a finding J.M. committed misdemeanor vandalism (Pen. Code, § 594, subd. (a)). We appointed appellate counsel to represent him. Appointed counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The brief included a declaration from counsel that he reviewed the record and advised J.M. of his right, under Wende, to submit a supplemental brief. On February 19, 2014, this court sent J.M. notice advising him that he had 30 days to personally submit any contentions or issues that he wished to raise on appeal. No supplemental brief was filed. The facts are these: On October 8, 2012, Viviano Favela noticed a large gathering of teenage boys at the Dills Park in the City of Paramount. It looked like they were up to no good. The boys were gathered around one of the park’s benches. He noticed some of them moving their arms as if they were writing. Favela concluded they were tagging on the tables. It looked as if the boys were taking turns writing on the table. After 20 minutes, the boys got up to leave. Favela walked to the bench where the boys had been gathered and noticed that it was covered in black writing. Favela, and other neighbors, often called for graffiti removal in the park. Earlier that day, Favela had glanced at the park’s benches, and had not seen any graffiti. Favela got in his car and followed the boys, who split into two groups. He followed one of the groups and took pictures of them with his phone. All of the boys in the group Favela followed had participated in the tagging. Favela thought J.M. was familiar, and looked like one of the individuals he saw that day, who was depicted in his photographs. At 3:30 p.m., Favela called 911 to report the incident. Favela pointed the boys out to the responding deputies, and they were detained. Los Angeles County Sheriff’s Deputy Michael Abbot responded to the park, and saw graffiti on the park’s benches. He detained five minors. These minors were depicted in the photograph taken by Favela. J.M. was in the photograph.