In re K.N. CA1/1

Filed 1/5/16 In re K.N. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.N., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A145298

Plaintiff and Respondent, (San Francisco City & County v. Super. Ct. No. JW12-6031) K.N., Defendant and Appellant.

Minor K.N. appeals the juvenile court’s denial of his Welfare and Institutions Code1 section 778 motion to modify orders assigning K.N. to out-of-home placement. Appellant’s counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, to determine whether it contains any arguable issues. Counsel has notified appellant he can file a supplemental brief with the court. No supplemental brief has been received from appellant. Upon independent review of the record, we conclude no arguable issues are presented for review and affirm the juvenile court’s order. STATEMENT OF FACTS AND PROCEDURAL HISTORY In January 2012, when appellant was 13 years old, a juvenile wardship petition was filed against him pursuant to section 602. The petition alleged appellant

1 All statutory references are to the Welfare and Institutions Code unless otherwise indicated.

(1) unlawfully kidnapped and carried away one J.C. in order to commit sexual assault (Pen. Code, § 209, subd. (b)(1)); (2) unlawfully participated in an act of oral copulation with J.C. (id., § 288a, subd. (b)(1)); and (3) unlawfully violated the personal liberty of J.C. by means of force and violence (id., § 236). The petition was later amended to add a fourth count for sexual battery. (Id., § 243.4, subd. (a).) In April 2012, appellant admitted to the fourth count, and counts 1 through 3 were dismissed. The court declared appellant a ward of the court, but did not remove him from his mother’s home. The San Francisco District Attorney subsequently filed additional wardship petitions on August 28, 2012 and February 8, 2013. The 2012 petition charged appellant with two counts of second degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c).) The 2013 petition charged appellant with the unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)), and the unlawful driving of a vehicle on a highway without a license (id., § 12500, subd. (a)). The petitions were amended, and appellant admitted to two counts of grand theft (Pen. Code, § 487, subd. (c)), and one misdemeanor count of unlawfully taking or driving a vehicle (Veh. Code, § 10851, subd. (a)). The court redeclared wardship, committed appellant to probation for out-of-home placement, and recommended placement at the San Francisco Boys Shelter. Appellant left the San Francisco Boys Shelter without permission on April 12, 2013. He was arrested on July 24, 2013 on an outstanding bench warrant. On August 6, 2013, appellant was placed at Teen Triumph in Stockton. Appellant left Teen Triumph without permission on November 13, 2013, and was arrested on an outstanding bench warrant on January 3, 2014. Several days later, appellant was placed at Excell and Optimist Youth Homes (Excell). Appellant completed the Excell program, and on August 15, 2014, the trial court authorized appellant’s return to home detention. The San Francisco District Attorney filed yet another wardship petition against appellant in November 2014. This petition asserted counts for attempted murder (Pen. Code, §§ 664/187), assault with a deadly weapon (id., § 245, subd. (a)(1)), attempted second degree robbery (id., §§ 664/212.5, subd. (c)), and felony elder abuse (id., § 368, subd. (b)(1)), along with multiple enhancements for use of a deadly weapon. The