In re D.E. CA1/3

Filed 10/27/14 In re D.E. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re D.E., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A141363 D.E., (Contra Costa County Defendant and Appellant. Super. Ct. No. J1000186)

18-year-old D.E. (appellant) appeals from a dispositional order committing him to the Youth Offender Treatment Program. Appellant’s counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues that require further briefing, and shall affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Prior Proceedings On February 4, 2010, an original petition under Welfare and Institutions Code section 602 was filed relating to allegations that appellant threw a brick into a BART train’s windshield. The juvenile court sustained a misdemeanor allegation that appellant gave a false name to BART police after police made contact with him for that incident

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(Pen. Code, § 148.9, subd. (a)1). The Contra Costa County Superior Court adjudged appellant a ward of the court and placed him on home supervision in his mother’s care. On November 16, 2010, the Alameda County Superior Court sustained a violation of grand theft of a person (§ 487, subd. (c)) after appellant reportedly pushed a man and grabbed $60 from him after the man had withdrawn cash from an ATM. The Contra Costa County Superior Court accepted the case for transfer from Alameda County. The Contra Costa County juvenile court set the offense as a felony, and subsequently ordered appellant into placement at Boys Republic. On March 28, 2011, appellant was arrested on an outstanding warrant for absconding from Boys Republic. He admitted the probation violation and was placed at Children’s Home of Stockton. He subsequently left that placement without permission and returned to juvenile court on an outstanding warrant and a new felony charge of section 245, subdivision (a)(1), after reportedly throwing a bicycle at a victim, who sustained cuts and bruises. On July 13, 2011, while en route to his new placement, Courage to Change, appellant absconded from program staff, and a warrant for his arrest followed. The next day, appellant was arrested on the outstanding warrant and a probation violation, and on a new allegation that he and a co-responsible had broken a window at the victim’s residence and had attempted to gain entry. The juvenile court sustained an amended count, second degree burglary (§§ 459, 460, subd. (b)). On October 31, 2011, appellant was placed at Unicorn but left the placement without permission. On November 12, 2011, he was arrested by the Richmond Police Department on the subsequent warrant. The juvenile court sustained the probation violation and continued appellant’s placement. Appellant absconded while being transported to the placement. On December 29, 2011, appellant was arrested by the El Cerrito Police Department and booked into juvenile hall. On January 25, 2012, appellant was