In re Justice H. CA1/2

Filed 1/20/21 In re Justice H. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Justice H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A160601

v. (Contra Costa County Super Justice H., Ct. No. J2000126) Defendant and Appellant.

Appellant Justice H. appeals from the juvenile court’s dispositional orders, issued in a proceeding initiated under Welfare and Institutions Code section 602. Justice’s court-appointed appellate counsel has filed a brief raising no legal issues and requesting that we conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738, 744. Counsel declares that he advised Justice he could personally file a supplemental brief within 30 days of the filing of counsel’s brief. Justice has not done so. Upon our independent review of the record under Wende, we conclude there are no arguable appellate issues requiring further briefing and affirm.

1

BACKGROUND In February 2020, the Contra Costa County District Attorney filed a section 602 petition alleging that Justice had committed felony possession of cocaine for sale and purchased cocaine for sale in violation of Health and Safety Code section 11351; felony possession of LSD and MDMA for sale, each in violation of Health and Safety Code section 11378; misdemeanor possession of a synthetic stimulant for sale in violation of Health and Safety Code section 11375.5, subdivision (a); and misdemeanor possession of a weapon—a folding knife—on school grounds in violation of Penal Code section 626.10, subdivision (a). After Justice pleaded no contest to the weapons possession allegation and stipulated to a factual basis for his plea, the court sustained that allegation and ultimately dismissed the others. A dispositional hearing was set. According to the probation department’s disposition report, on the morning of January 10, 2020, the school resource officer at San Ramon Valley High School responded to a fire alarm activated by vape smoke coming from a school bathroom. Students seen on video leaving the bathroom told the officer that Justice sold them vape cartridges. The officer searched Justice’s belongings and recovered “multiple drugs, drug paraphernalia, a large amount of currency in various denominations and a blade measuring approximately 3.5 inches.” Justice “admitted to utilizing many of the substances” found in his possession, which included cocaine, Xanax, MDMA, methamphetamine and THC cartridges, “for personal consumption” and intending to sell the remainder. He said he bought the drugs by alternating between anonymous dealers, many of whom he found on the “ ‘dark web’ or on social media