In re Marc W. CA6

Filed 6/7/16 In re Marc W. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re Marc W., a Person Coming Under the H042972 Juvenile Court Law. (Santa Clara County Super. Ct. No. 315JV41375A & B)

THE PEOPLE,

Plaintiff and Respondent,

v.

Marc W.,

Defendant and Appellant.

In August 2015, Marc W., a minor (the minor), admitted allegations in a petition filed pursuant to Welfare and Institutions Code section 602 (the A Petition) that he had engaged in conduct that would have constituted felonies or misdemeanors if committed by an adult, namely, grand theft of property exceeding $950 (a felony), first degree burglary (a felony), and battery (a misdemeanor). The court granted Deferred Entry of Judgment (DEJ). A second petition was filed in September 2015 (the B Petition). The minor admitted the allegations in the B Petition. Those allegations involved conduct, if committed by an adult, that would have constituted two felonies––aggravated assault and possession for sale of a controlled substance. The court vacated the DEJ deferment and found true the three counts alleged in Petition A that the minor had previously admitted. After a contested disposition hearing in October 2015, the court adjudged the minor a

ward of the court and ordered him to participate in the Santa Clara County Juvenile Rehabilitation Facilities-Enhanced Ranch Program (the Ranch) for a term of six to eight months. The minor filed an appeal. After receiving an opening brief raising no specific issues, and after our review of the entire record (see People v. Wende (1979) 25 Cal.3d 436; In re Kevin S. (2003) 113 Cal.App.4th 97), we conclude there is no arguable issue on appeal. We will therefore affirm the court’s dispositional order of October 19, 2015. FACTS I. Petition A On July 19, 2015,1 officers from the Santa Clara Police Department responded to the Macy’s Men’s Department Store at Valley Fair Shopping Center to investigate a reported shoplifting incident. Loss prevention officers at the store advised that the minor had taken men’s shirts valued at $1,672.50. When a loss prevention officer attempted to take the minor into custody, the minor responded by fighting the officer and striking him in the head with his elbow. (Counts 1, 2, and 4). According to the San José Police Department, a residential burglary at a home on Redondo Drive occurred on March 24. Two witnesses and an accomplice implicated the minor. On March 28, an officer made contact with the minor. The minor admitted his involvement in the burglary, stating that he had entered the locked home through a closed window and had taken between $600 and $1,200 in cash from a bedroom. (Count 3). II. Petition B On August 30, the minor and an adult accomplice, Cheyenne Sanchez, accosted a man, Armando G. (Armando), in a parking lot outside of a restaurant on Cottle Road. Approximately 20 minutes earlier, Armando had been at the restaurant with his family,