In re Carlos H. CA1/2

Filed 7/31/14 In re Carlos H. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re CARLOS H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. CARLOS H., A141280 Defendant and Appellant. (Solano County Super. Ct. No. J41821)

Counsel appointed for appellant, the minor Carlos H., has asked this court to independently examine the record in accordance with People v. Wende (1979) 25 Cal.3d 436, to determine if there are any arguable issues that require briefing. Appellant was informed of his right to file a supplemental brief, but elected not to do so. We have conducted that review, conclude there are no arguable issues, and affirm. The salient background information is briefly summarized, as follows: The First Petition On December 20, 2012, appellant asked a man if he could see his cell phone. The man refused, and as he attempted to put the phone away, appellant tried to grab it. The man pulled away, but appellant grabbed him by the wrist and threw him to the ground. The man got up and tried to hit appellant, who again threw him to the ground, and proceeded to hit him in the face approximately ten times. The man got up, and told

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appellant that he would call the police if he hit him again. Appellant replied, “I’ll beat your ass if you call the police.” On December 21, 2012, appellant pushed a woman from behind. She fell to her knees and dropped her phone, which appellant took and ran away. On December 24, 2012, the Alameda County District Attorney filed a petition alleging that appellant came within the provisions of section 602 of the Welfare and Institutions Code as a result of committing three felonies: robbery (Pen. Code § 211); attempted robbery (§§ 664 and 221); and dissuading a witness, (§ 136.1, subd. (c)(1)). On January 8, 2013, appellant admitted the attempted robbery, and the two remaining counts were dismissed. On January 9, 2013, the juvenile court in Alameda County ordered the case transferred to Solano County for disposition, the county where appellant’s guardian (his grandmother) resided. Solano County accepted the transfer. At a disposition hearing on February 5, 2013, the Solano County Juvenile Court adjudged appellant a ward of the court and granted him probation. The court set the maximum period of confinement at three years, committed appellant to serve sixty days in the juvenile hall (with credit for 47 days served), and to serve three additional weekends in juvenile hall, followed by participation in Valley Day Reporting Center until at least the end of the school year. The Second Petition On January 31, 2014, the Solano County District Attorney filed a petition alleging that on January 30, 2014, appellant committed two more felonies: first degree burglary, (Pen. Code §§ 459, 460, subd. (a)) and receiving stolen property (Pen. Code § 496, subd. (a)). The facts leading to this second petition, taken from the supplemental report prepared by the probation department, were that following a report of a residential burglary in Vallejo, appellant was searched and found to be in possession of two decorative letter openers, foreign coins, jewelry, and a watch, items identified as being taken during the burglary. Appellant also admitted he dropped a camera when he left the site of the burglary.