In re Rafael S. CA5

Filed 6/5/15 In re Rafael S. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re RAFAEL S., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F070333

Plaintiff and Respondent, (Super. Ct. No. JJD065389)

v. OPINION RAFAEL S.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Michael B. Sheltzer, Judge. Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Michael Dolida, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Franson, J. and Smith, J.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 and In re Kevin S. (2003) 113 Cal.App.4th 97, 99, which extended Wende review to a minor’s first appeal in a delinquency case. Having reviewed the record as required by those opinions and solicited supplemental briefing from the parties, we modify the award of credit for time served, but otherwise affirm. FACTS AND PROCEDURAL HISTORY On December 8, 2011, Rafael S. was adjudged a ward of the court pursuant to Welfare and Institutions Code section 6021, based on his commission of felony receiving stolen property (Pen. Code, § 496, subd. (a)) and misdemeanor receiving a stolen motor vehicle (id., § 496d, subd. (a)), battery upon an officer or emergency personnel (id., § 243, subd. (b)), and resisting or obstructing a peace officer (id., § 148, subd. (a)(1)). He was committed to the Tulare County Youth Facility (YF) and placed on probation.2 On April 10, 2012, Rafael was readjudged a ward of the court, based on his commission of misdemeanor battery. (Pen. Code, § 242.) He was committed to YF and placed on probation. On May 9, 2013, Rafael was readjudged a ward of the court, based on his commission of robbery with the personal use of a weapon (Pen. Code, §§ 211, 12022, subd. (b)). He was committed to the Tulare County Youth Correctional Center Unit (YCCU) and ordered to comply with various terms and conditions of probation.