in re A.K. CA1/4

Filed 8/26/15 in re A.K. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re A.K., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.K., A144350 Defendant and Appellant. (Contra Costa County Super. Ct. No. J0802028)

Appellant A.K. (Minor) appeals from a contested dispositional order committing him to juvenile hall’s Youth Offenders Treatment Program (“YOTP”) after his admission to a juvenile probation violation (Welf. & Inst. Code, § 777). Minor’s appointed counsel on appeal filed a brief under People v. Wende (1979) 25 Cal.3d 436 (Wende). We have reviewed the record independently, find no issues that require briefing, and therefore affirm. I. FACTUAL AND PROCEDURAL BACKGROUND

On December 30, 2008, the Contra Costa District Attorney filed an original juvenile wardship petition pursuant to Welfare and Institutions Code section 602, charging A.K. with second degree robbery. (Pen. Code, §§ 211, 212.5.) After a

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contested jurisdictional hearing, the court sustained the petition and, at the disposition hearing on February 5, 2009, adjudged A.K. a ward of the court. The wardship had no termination date, but the maximum custody time for A.K.’s offense was five years. A.K. was placed on probation and ordered to complete five months of juvenile electronic monitoring as a condition of probation. On June 24, 2009, A.K. was arrested and detained in juvenile hall. This incident resulted in the filing of both a notice alleging a probation violation and a supplemental juvenile wardship petition. A.K. admitted to a probation violation for being away from home without his probation officer’s authorization and testing positive for THC on two occasions, and also admitted to a misdemeanor violation of Penal Code section 496, subdivision (a) (receiving stolen property) as alleged in the supplemental wardship petition. At disposition, A.K. was committed to the Orin Allen Youth Rehabilitation Facility (OAYRF) for a four-month program, arriving at OAYRF on August 25, 2009. On September 15, 2009, the court added 30 days to A.K.’s program length for a probation violation stemming from a physical altercation between A.K. and another ward. A.K. was released into his father’s custody on January 20, 2010 and placed on parole, completing his parole on April 14, 2010. A.K.’s prior grant of probation remained intact. After leaving OAYRF in January 2010, A.K. did well for several months, but then began to have problems again, starting in September 2010, when he was sent home from school for “gang talk.” A.K. was suspended in January 2011 for cutting class. At the time, A.K. was failing several subjects at school, including geometry, English, geology, and biology. The school suspension, combined with A.K.’s failure to return to his father’s home and to see his probation officer, triggered yet another notice of probation violation. A.K. admitted the violation and was ordered to do 30 days of electronic monitoring and 15 hours of community service. A.K. was committed to OAYRF two additional times for completion of six-month programs. The second commitment was ordered in June 2011 after A.K. entered an admission to a charge of misdemeanor possession of a firearm (former Pen. Code