In re Rodrigo B. CA1/5

Filed 6/24/14 In re Rodrigo B. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re Rodrigo B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A140469 v. (Solano County RODRIGO B., Super. Ct. No. J41918) Defendant and Appellant.

In response to a felony juvenile wardship petition, Rodrigo B. admitted to misdemeanor possession of concentrated cannabis. After a a contested jurisdiction hearing on a second wardship petition, the juvenile court sustained allegations of felony possession of hydrocodone. The petitions were joined for disposition. Rodrigo appeals the court’s order sustaining the second petition and the court’s disposition order. Assigned counsel has submitted a Wende1 brief, certifying that counsel has been unable to identify any issues for appellate review. Counsel also has submitted a declaration confirming that Rodrigo has been advised of his right to personally file a supplemental brief raising any points which he wishes to call to the court’s attention. No supplemental brief has been submitted. As required, we have independently reviewed the record. (People v. Kelly (2006) 40 Cal.4th 106, 109–110.)

1 People v. Wende (1979) 25 Cal.3d 436.

1

We find no arguable issues and therefore affirm. I. BACKGROUND On July 30, 2013, Vacaville police responded to a report of possible drug dealing. Officers contacted Rodrigo and four other juveniles. Rodrigo was on probation, with search terms. After Rodrigo admitted that he had marijuana in his pocket, an officer retrieved a plastic container containing concentrated cannabis from Rodrigo’s pocket and arrested him. On August 15, 2013, Rodrigo admitted the allegations of an amended juvenile wardship petition charging a misdemeanor violation of Health and Safety Code section 11357, subdivision (a). At a contested jurisdiction hearing on September 18, 2013, the court received testimony concerning Rodrigo’s arrest on September 10, 2013. On that date, Vacaville police responded to a report of 10 subjects attacking a single person. At the scene, the victim’s mother told police that her son had been “jumped by Norteño gang members.” Rodrigo was observed in the vicinity wearing a shirt that had what appeared to be blood stains. Rodrigo was detained. While handcuffing another suspect, an officer observed Rodrigo’s left handing moving quickly near his left pocket. Forty yellow prescription pills and a clear plastic bag were then found scattered on the ground about two feet to the left of Rodrigo. The officer had not observed anything on the ground prior to that time. A criminalist with the Solano County crime lab determined that the pills contained a usable amount of hydrocodone.2 The court sustained an allegation of felony possession of hydrocodone (Health & Saf. Code, § 11350, subd. (a)). At a consolidated disposition hearing on October 16, 2013, the court continued Rodrigo as a ward of the juvenile court, set the maximum term of confinement on the felony count at four years, and ordered him confined in juvenile hall for a term of 45 days (with credit for 37 days served), followed by placement in his mother’s home. Rodrigo