In re N.R. CA1/2

Filed 6/2/21 In re N.R. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publi- cation or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or or- dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

In re N.R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A161824 v. (Contra Costa County N.R., Super. Ct. No. J2000097) Defendant and Appellant.

N.R. appeals from a dispositional order entered in a juvenile proceeding after revocation of probation under Welfare and Institutions Code section 777.1 N.R.’s court-appointed counsel has filed a brief raising no legal issues and requesting this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel declares that he advised N.R. at his last known address that he is filing this Wende brief and that N.R. may himself file a supplemental brief within 30 days raising any issues he wishes to call to the court’s attention. N.R. filed no such brief. This appeal, which is authorized by section 800, was timely filed on January 11, 2021.

All statutory references are to the Welfare and Institutions Code 1

unless otherwise specified,

1

FACTS2 AND PROCEEDINGS BELOW On September 12, 2020, Oakland police officers responded to a report of gunfire at 1015 70th Avenue in Oakland. When officers arrived on the scene, they were told by a complaining witness that N.R. was one of two persons who fired shots at his home. The witness stated that N.R., a former friend of his, associated with members of the “69 Ville” gang, and that prior to the shooting, he and others threatened him and chased him down the street with guns. When Oakland police officers went to N.R.’s home to arrest him he ran to the backyard of a nearby house and was seen by an officer to have reached into a hot tub to retrieve a firearm. N.R. did not aim the firearm at any officer, but held the weapon at his side, reentered his own house through a sliding glass door, and returned outside a few minutes later to surrender to the police. During a search of N.R.’s house, officers found a loaded extended- capacity handgun magazine in his bedroom along with two other firearms, and a bottle of Promethazine Hydrochloride. On December 10 and 16, 2020, the Contra Costa County District Attorney filed two separate notices alleging that N.R., a juvenile, had violated his probation (§ 777) The December 10 notice alleged that on December 8, N.R. was arrested by Oakland police for making criminal threats (Pen. Code, § 422), possessing a controlled substance while armed (Health & Saf. Code, § 11370.1), carrying a loaded firearm (Pen. Code, § 25850, subd. (a)), and three counts of being a felon in possession of a firearm (Pen. Code, § 29800). The second notice alleged that on December 8,