In re T.M. CA3

Filed 10/14/14 In re T.M. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re T.M., a Person Coming Under the Juvenile Court C074456 Law.

THE PEOPLE, (Super. Ct. No. 69026)

Plaintiff and Respondent,

v.

T.M.,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). In December 2011 the San Joaquin County District Attorney filed two petitions under Welfare and Institutions Code section 602 as to the 14-year-old minor T.M. The first petition alleged discharging a firearm in a grossly negligent manner, a felony

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(count 1; Pen. Code, § 246.3);1 resisting a peace officer, a misdemeanor (count 2; § 148, subd. (a)(1)); possession of a firearm by a minor, a felony (count 3; former § 12101, subd. (a)(1) [now §§ 29610, 29700, added by Stats. 2010, ch. 711, § 6]); and possession of ammunition by a minor, a misdemeanor (count 4; former § 12101, subd. (b)(1)). The second petition alleged first degree burglary, a felony (count 1; § 459); attempted grand theft of personal property, a felony (count 2; §§ 664/487, subd. (a)); conspiracy to commit burglary, a felony (count 3; § 182, subd. (a)(1)); and disturbing the peace, a misdemeanor (count 4; § 415, subd. (1)). The district attorney found the minor eligible to be considered by the juvenile court for deferred entry of judgment (DEJ) on both petitions and the court ordered the probation department to prepare a DEJ suitability report. In January 2012 the district attorney filed a subsequent wardship petition, alleging first degree burglary, a felony (count 1; § 459), and receiving stolen property, a felony (count 2; § 496, subd. (a)). Again, the district attorney determined that the minor was eligible to be considered by the juvenile court for DEJ. Later in January 2012 the minor waived his rights and admitted count 1 of each of the three petitions. The juvenile court declared the admitted offenses to be felonies and dismissed all remaining counts in the interest of justice. Determining that the minor was not suitable for DEJ, the court adjudged him a ward of the court and placed him on probation with a 60-day commitment to juvenile hall, followed by release to his mother’s custody. In November 2012 the district attorney filed a petition to violate the minor’s probation, alleging he failed to attend school and was suspended for misconduct. The minor admitted the allegations. The juvenile court continued him on probation and