In re Donovan B. CA1/2

Filed 7/21/16 In re Donovan B. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re DONOVAN B., A Person Coming Under the Juvenile Law No. A146987 ___________________________________ THE PEOPLE, (Contra Costa County Ct. No. J1400611) Plaintiff and Respondent, v. DONOVAN B., Defendant and Appellant.

The Contra Costa County juvenile court found 16-year-old Donovan B., upon his own admission, to have resisted or obstructed a peace officer in violation of Penal Code section 148, subdivision (a)(1), a misdemeanor, and reserved authority to consider facts related to two other counts that it dismissed. At disposition, minor was committed to the Orin Allen Youth Rehabilitation Facility (Orin Allen) in Contra Costa County for six months plus a 90-day conditional release parole period. Minor filed a timely appeal of the court’s disposition order, contending that the court abused its discretion in committing him to Orin Allen for the length of time ordered and in ordering an indefinite wardship. Minor’s court-appointed counsel has filed a brief that does not raise any legal issues. He requests this court independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Minor was informed of his rights regarding the

1

filing of a supplemental brief and has not exercised these rights. Upon our independent review of the record pursuant to Wende, we conclude there are no arguable appellate issues for our consideration and affirm the order appealed from. BACKGROUND In July 2015, the Alameda County District Attorney’s Office filed a petition pursuant to Welfare and Institutions Code section 602, subdivision (a) alleging that on July 10, 2015, minor evaded a peace officer in violation of Vehicle Code section 2800.1, subdivision (a), a misdemeanor; resisted or obstructed a peace officer in violation of Penal Code section 148, subdivision (a)(1), a misdemeanor; and drove a vehicle without a driver’s license in violation of Vehicle Code section 12500, subdivision (a), a misdemeanor. Pending the outcome of his petition, minor was placed in the GPS program in August 2015. On September 7, 2015, he was taken into custody and placed in juvenile hall for removing his GPS device and leaving his home without permission. A detention hearing was held in September 2015. Minor’s counsel informed the court minor would admit to resisting or obstructing a peace officer, the second of the three counts brought against him. The court found minor had waived his rights to a trial, to remain silent and to confront and cross-examine witnesses, understood the nature of the conduct alleged in the petition and the possible consequences of his admission, and made his admission freely and voluntarily and with his counsel’s consent. The court found a factual basis for his admission and found him to have committed the offense. The remaining counts were dismissed, but the court retained the authority to consider the facts and to order possible restitution regarding these dismissed counts. The court found the maximum time minor could be confined in secure custody was one year. At this same hearing, minor’s counsel told the court minor had removed his GPS device “to get back some things that were taken from him by his girlfriend” and that he had turned himself in after doing so. Counsel requested that minor be allowed to return home to his mother pending disposition. Minor assured the court he would not remove his GPS device again and the court released him to his mother with GPS monitoring. The