In re E.C. CA1/1

Filed 8/28/15 In re E.C. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re E.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. E.C., A143780 Defendant and Appellant. (Sonoma County Super. Ct. No. 36127-J)

After defendant E.C.’s admission of a probation violation, the juvenile court recommitted him to the Department of Juvenile Justice (DJJ). Hs appellate counsel has raised no issues on appeal from the recommitment order and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the order. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not done so. Upon independent review of the record, we conclude no arguable issues are presented for review, and affirm the order. DISCUSSION Penal Code section 1237.5 generally precludes an appeal from a judgment of conviction after a plea of no contest or guilty unless the defendant has applied for, and

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the trial court has granted, a certificate of probable cause. There are two exceptions: (1) a challenge to a search and seizure ruling, as to which an appeal is proper under Penal Code section 1538.5, subdivision (m); and (2) postplea sentencing issues. (People v. Shelton (2006) 37 Cal.4th 759, 766; see also People v. Buttram (2003) 30 Cal.4th 773, 780.) Here, since defendant admitted a probation violation, our review is limited to any postadmission sentencing issues, as defendant’s appellate counsel acknowledges. (See People v. Cole (2001) 88 Cal.App.4th 850, 868.) The disposition report stated defendant was first involved with the probation department in November 2009, following two sustained petitions, one for shoplifting and one for attempted burglary of a school. He was found in possession of a blue bandana and a blue cell phone, blue being a gang color. Less than two weeks after being placed on probation, defendant left home without permission and was suspended from school for possessing marijuana. He was declared a ward in December 2009 and ordered to serve 35 to 40 days on community detention. In January 2010, he removed the ankle monitoring bracelet. After committing an assault at an elementary school, during which the victim’s jacket and cell phone were stolen and defendant and others yelled gang slurs and threatened to kill the victim, defendant was spotted and apprehended by the Multi- Agency Gang Enforcement Team. At that time, defendant was intoxicated, gave several false identities, made gang-related threats to the officers, and was wearing a blue web belt. A petition charging felony assault plus a gang enhancement was sustained, and defendant was committed to the Department Commitment Program and Probation Camp. Defendant fled from the camp and in September 2010, was arrested for another felony assault, in which he and other Sureños gang members attacked a male pedestrian wearing a red hat and attempted to steal his cell phone. This resulted in another sustained felony assault charge and gang enhancement, and in October 2010, defendant was committed to DJJ for a term of nine years. He was released on probation in April 2014. In October 2014, a probation officer observed defendant walking with his girlfriend and her two children. Defendant was wearing a blue shirt over a white shirt—a