In re Bryan N. CA1/1

Filed 3/16/23 In re Bryan N. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 BRYAN N., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. BRYAN N., A165500 Defendant and Appellant. (Contra Costa County Super. Ct. No. J22-00243)

Bryan N. appeals from a juvenile court order declaring him a ward of the court, committing him to a youth ranch, and placing him on probation after he pleaded no contest to assault and grand theft. His appellate counsel asked this court to independently review the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436; In re Kevin S. (2003) 113 Cal.App.4th 97, 99 [Wende procedure applies in juvenile delinquency appeals].) Bryan was informed of his right to file a supplemental brief and did not do so. We conclude there are no arguable issues and affirm.

1

On the afternoon of April 23, 2022, a 16-year-old Norteño gang member was shot in the head near a Concord park.1 After the police responded, the victim reported that he arranged to sell a firearm to a potential buyer. When he arrived at the agreed location, he was approached by three people, later identified as then 17-year-old Bryan and two other young men, B.C. and J.H. The victim reported that B.C. pointed a gun at him and J.H. took the victim’s backpack, which contained the gun he intended to sell. As the victim was running away, B.C. shot him. Video surveillance footage corroborated the victim’s story, showing that Bryan, B.C., and J.H. approached the area where the victim was shot and then, after an argument and gun shot could be heard off camera, ran away. Subsequent searches uncovered gang paraphernalia and other evidence that Bryan and the other two young men were affiliated with a Sureño gang and that the robbery of the victim was planned. Bryan was arrested at his home in early May 2022. Later that month, the Contra Costa County District Attorney filed a juvenile wardship petition under Welfare and Institutions Code section 602 alleging that Bryan committed second degree robbery, a felony, while armed with a firearm.2 After a contested detention hearing, the juvenile court ordered Bryan detained at juvenile hall. Shortly afterward, the petition was amended to add allegations that Bryan committed two felonies, assault by means likely to produce great