In re M.B. CA5

Filed 8/11/16 In re M.B. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F072655

Plaintiff and Respondent, (Kern Super. Ct. No. JW125688-05)

v. OPINION M.B.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment and dispositional order of the Superior Court of Kern County. Raymonda B. Marquez, Judge. Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant M.B., a juvenile, was found to have committed a misdemeanor violation of Health and Safety Code section 11364, possession of a prohibited instrument or device. On appeal, her appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 Around 11:00 a.m. on June 8, 2015, Bakersfield Police Officers Trinidad and Trammel were on patrol. Trinidad observed a Ford Mustang traveling on Wilson Road with a nonoperable break light. Trinidad watched as the driver turned right without activating the turn signal. Officer Trinidad conducted a traffic stop. Robert Speckman (Speckman) was the driver, and appellant was sitting in the front passenger seat. Appellant was 17 years old. Trinidad testified he spoke with Speckman for about 10 minutes and determined he did not have a valid driver’s license. Trinidad decided the car was going to be impounded.2 Officer Trinidad asked appellant to get out of the car because of the impoundment and to sit on the curb. Appellant complied. Officer Trinidad asked appellant if she could call a parent or guardian. Appellant said she did not know the telephone number by memory. Trinidad then asked appellant if she had a cell phone so she could call a parent or guardian for a ride. Appellant said her cell phone was in her purse, and the purse was on the car’s front seat. Appellant asked if she could get her purse from the car. Trinidad said no, and he went to the car and retrieved her purse.