In re D.M. CA1/2

Filed 10/1/14 In re D.M. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A141039 D.M., (Contra Costa County Defendant and Appellant. Super. Ct. No. J12-00863)

D.M., a minor, appeals from a dispositional order entered upon his admission of a probation violation. His court-appointed counsel has filed a brief raising no legal issues and requesting this court to independently review the record pursuant to People v. Wende (1975) 25 Cal.3d 436. Counsel states that she has advised appellant of his right to file a supplemental brief within 30 days of the date counsel’s brief was filed in which he can identify issues he believes warrant review, but we have received no such brief. PROCEEDINGS BELOW On October 13, 2012, the Contra Costa County District Attorney filed the third amended juvenile wardship petition, which alleged that appellant had committed seven felony offenses: criminal threats with the personal use of a firearm (Pen. Code, §§ 422 and 12022.5, subd. (a)(1));1 drawing or exhibiting a firearm (§ 417, subd. (a)(2)); first degree residential burglary of occupied premises (§§ 459/460, subd. (a), 667.5, subd. 1 All statutory references are to the Penal Code unless otherwise indicated.

1

(c)(21)); possession of a firearm by a minor (§ 29610); receiving stolen property (§ 496, subd. (a)); and two counts of unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)). According to the petition, the maximum commitment to which appellant was exposed was 8 years and 8 months. About a month later, appellant entered a plea of no contest to all of the charges except the first two, the making of criminal threats while personally using a firearm, and drawing or exhibiting a firearm. Pursuant to a plea agreement, the court dismissed the petition as to those counts, and as to the gun enhancement alleged in connection with the residential burglary. At a contested dispositional hearing, appellant was ruled an indefinite ward, removed from the custody of his parents, and committed to the Orin Allen Youth Rehabilitation Facility (OAYRF), a county institution, for a six-month mandatory program “plus an additional 90 day conditional release/parole period.” (Welf. & Inst. Code, § 777.) Numerous standard conditions of probation were also imposed. Appellant subsequently violated those conditions on five occasions by fighting with other juveniles, threatening staff, and leaving his placement without permission. Appellant challenges the disposition of the most recent of these violations, which was leaving his court-ordered placement without permission on September 7, 2013. On October 4, appellant admitted the foregoing allegation, a dispositional hearing thereon was conducted on December 17, and at that hearing, appellant was committed to the Youthful Offender Treatment Program (YOTP), a community based treatment program. At the time of the disposition, the time remaining on appellant’s commitment was 8 years, one month, and 13 days. Appellant filed a timely notice of appeal from the December 17, 2013 ruling. FACTS The facts relative to the probation violation, which are taken mostly from the Report and Recommendation of the Juvenile Division of the County Probation Department, are that on August 20, 2013, appellant was placed at Courage to Change, a local program, and left the placement on September 7 without permission. He was