In re T.M. CA1/2

Filed 11/7/14 In re T.M. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 T.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A142086 v. (Contra Costa County T.M., Super. Ct. No. J12-01126) Defendant and Appellant.

Following T.M.’s arrest for possession of a firearm and drugs, the People filed a Welfare and Institutions Code section 602,1 subdivision (a) petition. The court committed T.M. to an out-of-home treatment program. After release from the program, while still on probation, T.M. was again arrested for possession of marijuana for sale and for possessing at least six firearms. The court committed T.M. to another out-of-home treatment program. T.M.’s counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) (see Anders v. California (1967) 386 U.S. 738 (Anders)), in which he raises no issue for appeal and asks this court for an independent review of the record. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.) Counsel attests that T.M. was advised of his right to file a supplemental brief, but he has not exercised that right.

1 Unless otherwise indicated, further statutory citations are to the Welfare and Institutions Code.

1

We have examined the entire record in accordance with Wende. We agree with counsel that no arguable issue exists on appeal and affirm. BACKGROUND T.M. first appeared before the juvenile court at the age of 16 when the People filed a juvenile wardship petition pursuant to section 602, subdivision (a), on July 30, 2012. T.M. had been arrested while in possession of a revolver and packets of cocaine and pleaded no contest to a violation of Health and Safety Code section 11370.1, subdivision (a) (possession of a controlled substance with a firearm). At the August 24, 2012 disposition hearing, the court committed T.M. to the Orin Allen Youth Rehabilitation Facility (OAYRF) for a mandatory six-month program. At a December 11, 2012 review hearing, the court changed T.M.’s commitment to a regular six-month program, making him eligible for release that month. T.M. was released on December 21, 2012, on a 90- day parole, which he completed successfully. On January 23, 2014, police searched the Antioch, California home of T.M.’s mother, with whom T.M. was living. They found marijuana, a digital scale, another digital scale with white powder residue, and plastic sandwich bags belonging to T.M. They also found “a Springfield XD-40,” a loaded .40-caliber semi-automatic pistol, a .38- caliber revolver, a Ruger Redhawk .44-magnum revolver that had been reported stolen, a 12-gauge shotgun, a “Combat exchange 7.62 rifle,” and ammunition.2 Some of the firearms were stored in a hidden section of the attic. T.M. admitted to his probation officer that he began collecting guns about seven months after his release from OAYRF, had sold one gun in order to buy another, and had used some guns to trade for others. T.M. knew that he was not permitted to possess firearms but “did not think he would get caught.”