In re Yobani R. CA4/1

Filed 6/13/22 In re Yobani R. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re YOBANI R., a Person Coming Under the Juvenile Court Law. D079889 THE PEOPLE,

Plaintiff and Respondent, (Super. Ct. No. JCM243948)

v.

YOBANI R.,

Defendant and Appellant.

APPEAL from a disposition order of the Superior Court of San Diego County, Ana Espana, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. The juvenile court made true findings on several offenses alleged against Yobani R. (the Minor) in a petition filed under Welfare and Institutions Code section 602. Specifically, the court found true count 1,

arson in violation of Penal Code1 section 451, subdivision (d); count 2, malicious destruction of property in violation of section 594, subdivisions (a) and (b)(1); and count 4, false identification to a police officer in violation of section 148.9, subdivision (a). At the disposition hearing, the court placed the Minor on probation for three years two months. The Minor filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered the Minor the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS The appellant’s opening brief contains an accurate summary of the facts of the offenses. We will incorporate the statement here for convenience. “A. The Prosecution Evidence. “On June 30, 2021, Escondido police officer Andrew Maxwell went to Central Elementary School in Escondido in response to a report of a fire. Maxwell saw a large plume of smoke. There was a large fire on the school grounds. The Fire Department arrived and extinguished the flames. “Officer Matthew Nelson of the City of Escondido Police Department was an arson investigator. Nelson and his partner went to the school. Nelson saw smoldering debris in the area of the playground. The debris was the remains of a child’s play structure. A school employee provided video surveillance recordings. A still photograph from the video surveillance