In re Noah L. CA1/5

Filed 6/27/14 In re Noah L. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Noah L., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A141207 v. (Alameda County NOAH L., Super. Ct. No. SJ13022080-01) Defendant and Appellant.

Noah L. was adjudicated a ward of the juvenile court and committed to the Division of Juvenile Justice (DJJ) following his admission that he had committed an arson of an inhabited structure. He appeals from the dispositional 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 Noah 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.) We find no arguable issues and therefore affirm.

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

1

I. FACTUAL AND PROCEDURAL BACKGROUND Noah appeals only from the court’s dispositional order. We therefore discuss the facts of the offenses underlying his jurisdictional admission only as relevant to that order. On December 10, 2013, at approximately 3:00 a.m., Noah was arrested by an Alameda County sheriff’s deputy. Noah was hiding in some bushes in the immediate vicinity of a house that was on fire. The garage door was open and fire, smoke and water were pouring from the garage.2 The resident and her juvenile son were found asleep in the house. Two lighters and a plastic water bottle were found in the bushes about three feet from where Noah had been initially detained. A battalion fire chief responding to the scene advised the deputy that there had been five other possibly related suspicious fires in and around the City of Dublin in the preceding three days. Noah confessed to the arson, as well as three others, and an attempted arson at another residence. In one earlier arson, on December 6, 2013, the residents of a home were awakened sometime after 9:00 p.m. by the sound of glass breaking. The husband saw that the lower portion of the home was engulfed in smoke, and he and his wife had to escape onto the roof of the home. In another incident, on December 9, 2013, at about 10:45 p.m., a bench on the front porch of a residence was set on fire while the homeowners were inside. Two other fires were set at residential construction sites between the late afternoon hours of December 9, 2013, and the early morning hours of December 10, 2013, causing damage to interior framing, plumbing and duct work. Noah was charged by petition with three counts of arson of an inhabited structure (Pen. Code, § 451, subd. (b)), two counts of arson of a structure (id., § 451, subd. (c)), and one count of first degree residential burglary (id., § 459). He was found ineligible for deferred entry of judgment. Pursuant to an agreement with the district attorney, Noah admitted to one count of arson of an inhabited structure (id., § 451, subd. (b)), and the remaining counts were dismissed with facts and restitution open.