In re B.T. CA1/3

Filed 10/27/14 In re B.T. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, v. A141168 B.T., (Solano County Defendant and Appellant. Super. Ct. No. J41711)

16-year-old B.T. (appellant) appeals from a dispositional order removing him from his mother’s custody and placing him in out of home placement.1 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.

1 Trial counsel filed a premature notice of appeal from a March 3, 2014 jurisdictional order. On appellant’s motion, this court granted appellant’s request to deem the notice of appeal as filed immediately following the making of the dispositional order.

1

FACTUAL AND PROCEDURAL BACKGROUND Prior Proceedings On December 5, 2012, appellant was adjudged a ward of the court and placed on probation in his mother’s care after the juvenile court sustained a petition alleging he committed misdemeanor battery (Pen. Code, § 2422). On January 10, 2013, a notice of hearing was filed alleging appellant had violated his probation by failing to obey his mother and failing to abide by his curfew. Appellant admitted the curfew violation. On April 4, 2013, a notice of hearing was filed alleging appellant had violated his probation by failing to obey his mother and failing to abstain from marijuana. The next day, the juvenile court revoked appellant’s probation and issued a bench warrant for his arrest. Appellant surrendered himself to the police department and was booked into juvenile hall. He admitted he failed to obey his mother. The juvenile court continued its prior orders, placed appellant in juvenile hall, and gave probation discretion to release appellant to home detention with electronic monitoring. The court also ordered counseling and drug/alcohol and anger management services for appellant. On August 28, 2013, a notice of hearing was filed alleging appellant left home overnight without his mother’s permission and that his whereabouts were unknown. Appellant failed to appear for a mandatory weekend at juvenile hall, failed to abstain from drugs and alcohol, and failed to appear for a mandatory family therapy session. Appellant admitted he failed to appear for a mandatory weekend and the juvenile court continued its prior orders. On October 15, 2013, a notice of hearing was filed alleging appellant failed to attend school and failed to abide by a curfew. He admitted he failed to attend school and the juvenile court continued its prior orders. Another notice of hearing was filed November 21, 2013, alleging appellant failed to attend school and abide by conditional release orders, and had failed to drug test as ordered. A bench warrant was issued the following day. Appellant admitted he failed to attend school, and the juvenile court