In re T.H. CA3

California Court of Appeal Dec 24, 2020 No. C091584Unpublished

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Holding. The court held that a minor is not entitled to Wende review of an order denying a motion to seal a juvenile record because such an appeal is not a first appeal of right from a juvenile disposition. Consequently, the appeal was dismissed as abandoned.

Issues

Whether the Wende procedure for appellate review applies to an appeal from the denial of a motion to seal a juvenile record.

Disposition. dismissed

Quotations verified verbatim against the opinion

“The appeal before us, although originating in a juvenile delinquency context, is not a first appeal of right from a juvenile proceeding because it is not an appeal from the disposition.”

“defendant has no right to Wende review of the denial of his motion to seal.”

“Because neither the minor nor his counsel has raised any claim of error in the trial court’s denial of the motion, we must dismiss the minor’s appeal as abandoned.”

Filed 12/24/20 In re T.H. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re T.H., a Person Coming Under the Juvenile Court C091584 Law.

THE PEOPLE, (Super. Ct. No. JV135751)

Plaintiff and Respondent,

T.H.,

Defendant and Appellant.

Appointed counsel for minor Timothy H. has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende); In re Kevin S. (2003) 113 Cal.App.4th 97, 119 [Wende procedure applies to appeals in juvenile delinquency cases].) As we explain, we will dismiss the appeal, which is taken from the denial of a petition to seal.

BACKGROUND In December 2013 the minor and others took property from Q.C. About a month later, the minor and others took Jennifer B.’s keys and her phone by force or fear, and ran across a parking lot and stole her vehicle. One of the other participants in the robbery (not the minor) possessed a firearm. The minor admitted an allegation in a delinquency petition (Welf. & Inst. Code, § 602)1 that he committed a robbery (Pen. Code, § 211) while armed with a firearm (id., § 12022, subd. (a)), and grand theft from a person (id., § 487, subd. (c).) The trial court declared the minor a ward of the court, committed him to the Division of Juvenile Justice (DJJ), and ordered him to pay various fines, fees, and restitution. The minor was granted parole and discharged from DJJ in early 2016. In April 2016 the court terminated DJJ jurisdiction and placed him on formal probation. In July 2019 probation recommended the court terminate the minor’s probation. The trial court found the minor had substantially completed the terms of probation, and terminated probation. The trial court granted a section 782 motion and dismissed the wardship petition. The minor filed a motion to seal his juvenile record under section 786. Following a contested hearing, the trial court denied the motion to seal. The minor appeals the denial of the motion to seal. DISCUSSION Review pursuant to Wende or its federal constitutional counterpart Anders v. California (1967) 386 U.S. 738 is required only in the first appeal of right from a criminal conviction. (Pennsylvania v. Finley (1987) 481 U.S. 551, 555; Conservatorship of Ben C. (2007) 40 Cal.4th 529, 536-537; People v. Serrano (2012) 211 Cal.App.4th 496, 499-501 (Serrano).)

In re T.H. CA3

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