In re E.M. CA1/1

Filed 6/5/13 In re E.M. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In re E.M., a Person Coming Under the Juvenile Court Law. A136811

THE PEOPLE, (Napa County Plaintiff and Respondent, Super. Ct. No. JV17156) v. E.M. , Defendant and Appellant.

In re E.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, (Solano County Super. Ct. No. J41398) Plaintiff and Respondent, v. E.M. , Defendant and Appellant.

Minor E.M. appeals from final dispositional orders requiring him to register as a gang member. The orders were issued by the Napa County Juvenile Court on September 26, 2012, and by the Solano County Juvenile Court on October 3, 2012. Appellant has filed a timely appeal. As required under People v. Kelly (2006) 40 Cal.4th 106, 124, we affirmatively note counsel for appellant has filed a Wende brief (People v. Wende (1979) 25 Cal.3d 436) raising no arguable issues, counsel apprised appellant of

his right to file a supplemental brief, and appellant did not file such a brief. Upon review of the record for potential error, we conclude no arguable issues are presented for review and affirm the judgment. STATEMENT OF FACTS AND PROCEDURAL HISTORY On August 5, 2010, a witness observed two Hispanic males breaking the windows of a Honda Passport and a Lincoln LS. One used a tire iron to break the windows of the Honda. Approximately two hours later, an officer stopped a vehicle matching the witness’s description of the car seen in the area at the time of the vandalism. Appellant was in the car along with three other individuals. Police located a metal pipe in the vehicle and a tire iron in the trunk. O.M., an occupant of the vehicle, stated they had been driving when unknown individuals yelled, “Southside.” In response, O.M. exited the vehicle, grabbed a pipe, and smashed out a window. He stated appellant broke the other window. The Napa County District Attorney filed a petition pursuant to Welfare and Institutions Code section 602, subdivision (a), on August 9, 2010, alleging two counts of felony vandalism for the benefit of or in association with a criminal street gang (Pen. Code,1 §§ 186.22, subd. (b)(1)(A) & 594, subd. (b)(1)), possession of a deadly weapon (billy) for the benefit of or in association with a criminal street gang (§§ 12020, subd. (a) & 186.22, subd. (b)(1)(A)), and street terrorism (§ 186.22, subd. (a)). On August 25, 2010, appellant admitted all charges and gang enhancements. The juvenile court placed him on a 12- to 36-month term of probation without wardship pursuant to Welfare and Institutions Code section 790, deferred entry of judgment. The court imposed various terms and conditions. At the time of appellant’s admissions, the court informed him twice he was required to register as a gang member. Appellant again appeared before the Napa County Juvenile Court on November 24, 2010, where based on his admissions, the court found appellant had violated the terms of the deferred entry of judgment by failing to maintain passing grades,