In re E.S. CA3

Filed 3/24/16 In re E.S. CA3 Received for posting 3/25/16 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re E.S., a Person Coming Under the Juvenile Court C080035 Law.

THE PEOPLE, (Super. Ct. No. JV136455)

Plaintiff and Respondent,

v.

E.S.,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and In re Kevin S. (2003) 113 Cal.App.4th 97. I. BACKGROUND An amended juvenile wardship petition (Welf. & Inst. Code, § 602) filed on September 24, 2014, charged 16-year-old minor E.S. with 12 felonies: first degree

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robbery (count 1; Pen. Code, § 212.5, subd. (a))1; preventing or dissuading a witness or victim (Elijah G.) from testifying (count 2; § 136.1, subd. (c)(1)); preventing or dissuading a witness or victim (Devon D.) from testifying (count 3; § 136.1, subd. (c)(1)); making a criminal threat to Devon D. (count 4; § 422); making a criminal threat to Elijah G. (count 5; § 422); robbery of Christian W. (count 6; § 211); receiving stolen property (count 7; § 496, subd. (a)); robbery of Zach G. (count 8; § 211); robbery of David D. (count 9; § 211); making a criminal threat to Zach G. (count 10; § 422); making a criminal threat to David D. (count 11; § 422); and burglary of an inhabited dwelling occupied by Brooklyn W. (count 12; § 459). All offenses were alleged to have occurred on our about July, 30, 2014, and July 31, 2014. As to count 1, it was alleged pursuant to section 213, subdivision (a)(1)(A), that the minor committed the offense voluntarily, acted in concert, and entered a structure described in that section. As to counts 2, 3, 6, 8, 9, and 12, it was alleged that the offenses were serious felonies (§ 1192.7, subd. (c)). On September 25, 2014, the juvenile court found a prima facie showing had been made that the minor was a person described by Welfare and Institutions code section 602 and ordered him detained in juvenile hall. On October 14, 2014, probation recommended that the minor be adjudged a ward of the court and committed to 120 days in juvenile hall, followed by 120 days on electronic monitoring under his parents’ supervision, plus the completion of 18 days in Juvenile Work Project. On December 5, 2014, the juvenile court directed probation to refer the minor to the Interagency Management and Authorization Committee (IMAC) to perform a level B evaluation and submit a report on it.