In re D.U. CA6

Filed 8/11/21 In re D.U. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

IN RE D.U., a Person Coming Under the H048002 Juvenile Court Law. (Santa Clara County Super. Ct. No. 19JV43729)

THE PEOPLE,

Plaintiff and Respondent,

v.

D.U.,

Defendant and Appellant.

The minor, D.U., admitted allegations that he committed misdemeanor fighting or challenging another to fight in public (Pen. Code, § 415, subd. (1)) and misdemeanor taking or unlawfully using a vehicle (Veh. Code, § 10851, subd. (a)). The juvenile court ordered that the minor, who was already a ward of the court due to prior sustained petitions, continue as a ward of the court under the supervision of a probation officer. On appeal, the minor’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts but raises no issue. We notified the minor of his right to submit written argument on his own behalf within 30 days. That period has elapsed, and we have received no response from the minor.

Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record. Following the California Supreme Court’s direction in Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case. BACKGROUND The minor was the subject of two prior petitions under Welfare and Institution Code section 602.1 Regarding the first petition, in mid-2019, the minor admitted committing misdemeanor exhibiting a deadly weapon other than a firearm (Pen. Code, § 417, subd. (a)(1)). He was declared a ward of the court and ordered to participate in the “Court for the Individualized Treatment of Adolescents.” The minor was placed on probation and ordered to serve 30 days on the electronic monitoring program. Regarding the second petition, in late 2019, the minor admitted committing the offenses of taking or unlawfully using a vehicle (Veh. Code, § 10851, subd. (a)) and misdemeanor evading a peace officer (id., § 2800.1, subd. (a)). The minor was continued as a ward of the court and ordered to serve 45 days on the electronic monitoring program. Relevant to this appeal, on February 3, 2020, the minor and another juvenile followed the victim at school after the victim refused to give them his AirPods. The minor and the other juvenile threatened and/or challenged the victim to fight. The victim had two metal baseball bats sticking out of his backpack. The minor took one of the bats and raised it over his head. The victim was afraid the minor was going to hit him. The victim was able to prevent the other juvenile from taking the second bat. When a teacher intervened, the minor ran off and threw the bat in a trash can. On February 5, 2020, a third section 602 petition was filed alleging that the minor, then age 16, committed the misdemeanor offense of exhibiting a deadly weapon other than a firearm, a baseball bat (Pen. Code, § 417, subd. (a)(1)). The juvenile court ordered