In re Adrian C. CA4/3

Filed 6/10/13 In re Adrian C. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re ADRIAN C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G047620 Plaintiff and Respondent, (Super. Ct. No. DL042766) v. OPINION ADRIAN C.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Jane Shade, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent. * * *

Over a span of approximately four months, the People filed nine separate petitions alleging that defendant Adrian C. was a minor subject to being adjudged a ward of the juvenile court under section 602 of the Welfare and Institutions Code. After consolidating the eighth and ninth petitions for trial, and conducting a trial thereon, the court sustained all allegations of both petitions. On the eighth petition the court found minor had committed a first degree residential burglary (Pen. Code, §§ 459, 460, subd. 1 (a); count 1), and had obstructed a peace officer (§ 148, subd. (a)(1); count 2). As to the enhancement allegation attached to count 1 of the eighth petition, the court found a person not an accomplice was present during the commission of the residential burglary (§ 667.5, subd. (c)(21)). On the ninth petition the court found minor had committed petty theft (§§ 484, subd. (a), 488; count 1), and had obstructed a peace officer (§ 148, subd. (a)(1); count 2). Following trial on petitions eight and nine, and pursuant to a disposition agreement, minor admitted he committed the offenses alleged in petitions one through seven as follows: Petition one, vandalism under $400 (§ 594, subds. (a), (b)(2)(A)), and possession of graffiti tools (§ 594.2, subd. (a)); petition two, vandalism under $400 (§ 594, subds. (a), (b)(2)(A)); petition three, unlawfully causing fire to the property of another (§ 452, subd (d)); petition four, battery (§ 242); petition five, receiving stolen property (§ 496, subd. (a), reduced to a misdemeanor pursuant to § 17, subd. (b)); and petition seven, possession of a weapon on school grounds (§ 526.10, subd. (a)(1)). The People dismissed the sixth petition and counts 2 and 3 of the fifth petition. The court declared minor a ward of the court under Welfare and Institutions Code section 602, found the residential burglary was a felony (all other offenses were misdemeanors), and the maximum term of confinement for all offenses was eight years eight months. Minor was placed on supervised probation on condition he serve 180 days