In re Michael v. CA5

Filed 6/30/14 In re Michael V. CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 MICHAEL V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F068420

Plaintiff and Respondent, (Super. Ct. No. JJD065599)

v. OPINION MICHAEL V.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Arthur L. Bowie, 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 Cornell, Acting P.J., Gomes, J., and Sarkisian, J.† † Judge of the Superior Court of Fresno County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

INTRODUCTION On August 29, 2011, Michael V., appellant, admitted allegations in a petition filed pursuant to Welfare and Institutions Code section 602, alleging that he committed first degree robbery, a felony (Pen. Code, § 211),1 and that he was armed during the commission of the offense. In exchange for his admission, three other felony allegations were dismissed. On September 15, 2011, appellant was found to be a ward of the court, placed on probation, and committed to the Tulare County Youth Correctional Center Unit.2 On September 9, 2013, a notice of violation of probation was filed pursuant to Welfare and Institutions Code section 777, alleging that appellant violated the terms of his probation by associating with a person he knew to be a member of a criminal street gang and by acquiring a new tattoo he knew to be gang related. Appellant waived his right to a contested hearing and admitted violating the terms of his probation on September 10, 2013. At the disposition hearing on October 2, 2013, the juvenile court continued appellant as a ward of the court, continued his probation, and committed him to the Tulare Youth Correctional Unit for 365 days. The court determined that appellant’s maximum term of confinement was 10 years. The court found appellant had 449 days of custody credits. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).