In re Gabriel G. CA1/4

Filed 12/16/21 In re Gabriel G. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publi- cation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 This opinion has not been certified for publication or or- dered published for purposes of rule 8.1115.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 FOUR

In re GABRIEL G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A162494 v. GABRIEL G., (Contra Costa County Super. Ct. No. J21-00093) Defendant and Appellant.

In this delinquency case, minor Gabriel G. appeals from a dispositional order committing him to the custody of the Youthful Offender Treatment Program (YOTP). Appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), and asks this court to independently review the record and determine if there are arguable issues for appeal. Counsel informed Gabriel of his right to file a supplemental brief on his own behalf. No such brief was filed. We have examined the record, find no meritorious issues, and therefore affirm.

1

BACKGROUND1 A. The Underlying Offenses On February 19, 2021, 16-year-old Gabriel and a 19-year old accomplice, Jason A., robbed a CVS pharmacy in Fairfield. Upon entering the store, Gabriel jumped over a half-door near the front registers, pointed a gun at a cashier, and told her to open the register. Gabriel then made his way back to the pharmacy counter, where he handed an employee a note, pointed a gun at him, and demanded that he give him the controlled substances listed on the note. After procuring the pills, Gabriel returned to the front of the store and again pointed his gun at the cashier, once more demanding that she open her register. The cashier complied and put $200 into a bag. Meanwhile, Jason approached a pregnant cashier, pointed a gun at her, and took an undisclosed amount of cash from her register. Jason also took about $5,000 from a floor safe. Gabriel and Jason fled the scene in a black BMW and were later apprehended in Vacaville. B. Juvenile Court Proceedings Following the filing of an amended Welfare and Institutions Code section 602 petition, Gabriel admitted, pursuant to a plea bargain, he committed first degree robbery (Pen. Code, § 211), grand theft (id., § 487, subd. (c)), and misdemeanor assault (id., § 240). The probation department determined that Gabriel was not a suitable candidate for an “open setting” like the Orin Allen Youth Rehabilitation Facility based on the sophistication of his offense. The department recommended commitment to YOTP.