In re J.L. CA1/3

Filed 3/15/22 In re J.L. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re J.L., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A163116

Plaintiff and Respondent, (Contra Costa County v. Super. Ct. No. J2100200) J.L., Defendant and Appellant.

Minor J.L. was charged with second degree robbery (Pen. Code, § 211) in a wardship petition filed pursuant to Welfare and Institutions Code section 602.1 In short, minor forced a victim out of his car and drove off with the car. The People ultimately amended the charge to attempted second degree robbery, which minor admitted. The matter was transferred from Alameda County to Contra Costa County for disposition. At minor’s disposition hearing, the juvenile court in Contra Costa County adjudged him a ward with no termination date and placed him on probation. The court also placed minor on home supervision for an additional

1 All statutory references are to the Welfare and Institutions Code unless otherwise specified.

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90 days, giving the probation department the authority to terminate home supervision after 45 days. The court adopted as its own findings various recommendations in a probation department report prepared for the disposition hearing, including a recommendation that minor was not to own, possess, or have in his custody or control a firearm until the age of 30 pursuant to Penal Code section 29820, subdivision (b). Minor filed a notice of appeal. Minor’s appellate counsel filed a brief raising no issues and asked this court to independently review the record to determine whether any arguable issues exist. (See People v. Wende (1979) 25 Cal.3d 436 (Wende); In re Kevin S. (2003) 113 Cal.App.4th 97, 99 [Wende procedure applies in juvenile delinquency appeals].) Minor has been informed of his right to file a supplemental brief, and he has not done so. The proof of service accompanying the petition indicates Minor’s appellate counsel served him by mail with a copy of the Wende brief. We reviewed the entire record on appeal and asked for further briefing on a single issue: whether the juvenile court properly prohibited minor from owning, possessing, or having in his custody or control, any firearm, until the age of 30, pursuant to Penal Code section 29820, subdivision (b) (hereafter referred to as the firearm prohibition). In short, this firearm prohibition applies to a person who meets two requirements. First, the person must have been alleged to have committed, or was convicted of committing, an offense enumerated in Penal Code section 29820, subdivision (a)(1). The enumerated offenses include any offense listed in section 707, subdivision (b) (707(b)). Second, the person must have been “subsequently adjudged a ward of the juvenile court within the meaning of Section 602 . . . because the person committed an offense listed in [section 29820, subdivision (a)(1)].” (Pen. Code, § 29820, subd. (a)(2).)