In re C v. CA5

Filed 1/11/21 In re C.V. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 C.V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F080930

Plaintiff and Respondent, (Super. Ct. No. 19CEJ600310-1V)

v. OPINION C.V.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Mary Dolas, Judge. Sangeeta Sinha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Smith, J. and Snauffer, J.

Appointed counsel for C.V., a juvenile ward of the court under Welfare & Institutions Code, section 602, asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) C.V. was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from C.V. Finding no arguable error that would result in a disposition more favorable to C.V., we affirm. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On July 23, 2019, appellant-minor C.V. was made a ward of the court pursuant to Welfare and Institutions Code section 602 after committing a misdemeanor violation of Penal Code section 368, subdivision (d)(2) and was placed on probation. On February 12, 2020, C.V. was admitted to the hospital for a narcotics overdose. Later that day, his mother contacted his probation officer to provide details of the incident. At that time, C.V.’s probation officer learned of a separate incident approximately two weeks prior in which C.V. had also consumed “a large amount” of narcotics at a friend’s home and had been taken to the hospital for an overdose. C.V. told his probation officer his substance abuse stemmed from frustration in attempting to obtain surgery to remove excess skin after having lost a significant amount of weight. On February 13, 2020, the Fresno County Probation Office filed a petition alleging C.V. had violated his probation by (1) failing to refrain from the use of illegal narcotics on January 26, 2020 and February 12, 2020, and (2) submitting a positive drug test for marijuana on January 9, 2020. (Welf. & Inst. Code, § 777.) On February 14, 2020, a hearing was held before the Honorable Gregory T. Fain. Judge Fain began the hearing by stating, “Good morning, [C.V.]. Good morning to your mom. I’m Judge Fain. Your normal judge isn’t here today. So I’m taking care of this. Okay?” Before Judge Fain, C.V. admitted he had violated the terms of his probation by