In re A.D. CA1/3

Filed 4/20/16 In re A.D. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re A.D., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A146197 A.D., (City & County of San Francisco Defendant and Appellant. No. JW12-6262)

21-year-old A.D. (appellant) appeals from the juvenile court’s order granting his petition under Proposition 471 to have his prior felonies reclassified as misdemeanors and his request to have his DNA sample destroyed, and denying his request to have his restitution fees and fines reduced and have his records sealed. Appellant’s counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file

1 Proposition 47 made certain drug-and theft-related offenses misdemeanors, and also created a resentencing provision, Penal Code, section 1170.18, under which “[a] person currently serving a sentence for a conviction . . . of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (‘this act’) had this act been in effect at the time of the offense may petition for a recall of sentence” and request resentencing. (Pen. Code, § 1170.18, subd. (a).)

1

a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues that require further briefing, and shall affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND A juvenile wardship petition was filed July 20, 2012, alleging that then-17-year- old appellant took a cell phone from the person of another (Pen. Code, § 487, subd. (c)). He admitted he violated Penal Code, section 487, subdivision (c), a felony, and the juvenile court declared him a ward of the court and placed him on probation. A subsequent wardship petition was filed December 24, 2012, alleging appellant attempted to take a person’s backpack (Pen. Code, §§ 664, 212.5, subd. (c), count 1), assaulted the person by means of force likely to produce great bodily injury (§ 245, subd. (a)(4), count 2), and threatened the person (§ 422, count 3). Appellant admitted count 1 as amended (Pen. Code, §§ 664, 487, subd. (c) [attempted grand theft from the person of another]), a felony, and the remaining counts were dismissed. The juvenile court continued appellant on probation. On November 13, 2013, the probation officer filed a progress report noting appellant was doing well at home, was in school, and was in a job training program. The probation officer recommended that the wardship petitions be dismissed and jurisdiction be terminated. Thereafter, the juvenile court terminated probation and dismissed the petitions. The court also noted that appellant had paid all fines and fees. On January 14, 2015, appellant filed a motion under Proposition 47 and Welfare and Institutions Code, section 778, asking to have his offenses reclassified as misdemeanors and his maximum period of confinement reduced, have his restitution fines and fees reduced from $220 to $22, and have his DNA sample destroyed. The juvenile court denied the motion. On July 31, 2015, appellant renewed his motion, requesting the same relief he did on January 14, 2015, but citing Penal Code, section 1170.18, in support of his request to have his offenses reduced to misdemeanors, and citing Welfare and Institutions Code, section 786, in support of his request to have his records sealed.