In re M.H. CA5

Filed 1/14/16 In re M.H. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 M.H., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F071453

Plaintiff and Respondent, (Super. Ct. No. 14CEJ600483-2)

v. OPINION M.H.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Gary R. Orozco, Judge. Emily J. Haden, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

* Before Levy, Acting P.J., Gomes, J. and Peña, J.

-ooOoo- INTRODUCTION While on felony probation, another wardship petition pursuant to Welfare and Institutions Code section 602 was filed alleging M.H. had possessed a firearm in violation of Penal Code section 29610; the petition also sought to aggregate all sustained petitions and increase the maximum term of confinement. The juvenile court sustained the petition and the disposition hearing was held on April 20, 2015. The juvenile court removed him from the physical custody of his parent and placed M.H. on formal probation; the terms and conditions of probation included serving 75 days at the Juvenile Justice Campus. M.H. filed a notice of appeal on April 21, 2015. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. FACTUAL AND PROCEDURAL SUMMARY On March 5, 2015, a caller notified the Fresno Police Department that a gang fight was in progress at the corner of Martin Luther King Boulevard (MLK) and California Avenue and that some of those engaged in the fight had guns. Officers were aware that dispatch had received numerous calls recently regarding gang-related disturbances in the area because of a recent gang-related homicide that had occurred at the intersection of MLK and California. Several people loitering in that area had been arrested recently on various charges, including weapons charges. When officers arrived, they saw a group of 15 to 20 males and females gathered near the intersection and in an alley located off MLK. The group was shouting “Get the fuck out of here” at the occupants of a black Chevrolet Impala parked next to the group. As officers were pulling up behind the Impala, the car rapidly accelerated and sped off down the alley doing 40 to 50 miles per hour, nearly striking pedestrians. At one point, the Impala had to swerve to avoid a collision. Officers initiated a traffic stop and activated their overhead red lights and siren; the Impala initially did not stop. Eventually, the Impala stopped at the next cross street,