People v. S.S. CA1/2

Filed 8/30/16 P. v. S.S. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A147461 v. S.S., (Contra Costa County Super. Ct. No. J12-01482) Defendant and Appellant.

Appellant S.S., who was formerly a ward of the court, appeals from an order of restitution and from orders relating to a subsequent violation of probation. Appellant’s court-appointed counsel has filed a brief seeking our independent review of the record, pursuant to People v. Wende (1979) 25 Cal.3d 436, to determine whether there are any arguable issues for review. Appellant has also been informed of her right to file supplemental briefing, and she has not done so. After our independent review of the record, we find no errors or other issues requiring further briefing, and we affirm. FACTUAL AND PROCEDURAL BACKGROUND A juvenile wardship petition was filed on October 23, 2012 alleging that appellant had committed two felony counts of grand theft (Pen. Code, § 487, subd. (a)). According to the Contra Costa County Probation Office Report, appellant originally denied the allegations, and the matter was set for pretrial conference. Appellant subsequently left the group home in which she had been living and failed to make a court appearance in

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December 2012; after that, a warrant was issued for her arrest and the matter remained unresolved.1 More than two and a half years later, appellant was arrested on a bench warrant and detained in county jail. The complaint was amended; count 1 was reduced to a misdemeanor, and count 2 was dismissed. At a jurisdictional hearing on September 8, 2015, the juvenile court sustained the misdemeanor theft allegation (Pen. Code, § 487, subd. (a)), and appellant was released from the county jail. It appears from a minute order that appellant had dropped her contest to juvenile court jurisdiction, and admitted, after advisement of rights, a misdemeanor violation of Penal Code section 487, subdivision (a). On October 2, 2015, the juvenile court placed appellant on non-wardship probation until January 19, 2016 (the date of her 21st birthday), with conditions. One of the conditions of appellant’s probation was that she not use or possess any illegal drugs and that she submit to drug and alcohol testing. The issue of victim restitution still remained for the juvenile court to determine. Appellant was on probation for misdemeanor theft of $2,000 from Darlene Gardner, who had then been her foster mother. Without Gardner’s knowledge or permission, appellant got access to Gardner’s ATM card and withdrew funds from Gardner’s credit union account on multiple occasions. At a contested restitution hearing on November 20, 2015, appellant testified that she had made an oral agreement to repay Gardner $199 per month, and that she had already paid about back approximately $1,200 of the stolen funds. Appellant admitted she had nothing in writing acknowledging that she had paid Gardner any money. At a continued session of the restitution hearing on December 11, 2015, Gardner testified that S.S. had never made any restitution of the stolen funds, and that none of the money that Gardner had received for providing housing to S.S. was going