In re D.M. CA5

Filed 10/4/23 In re D.M. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

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

THE PEOPLE, F085563

Plaintiff and Respondent, (Super. Ct. No. 21CEJ600239-1)

v. OPINION D.M.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Virna L. Santos, Judge. Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Snauffer, J.

Minor, D.M., appeals from a disposition order adjudging him a ward of the juvenile court, placing him on probation, and committing him to the local juvenile justice center for 36 days. His counsel on appeal filed a brief that summarizes the case and facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter, advising minor of his right to file a supplemental brief raising any grounds he would like this court to consider. Minor did not respond. We have conducted an independent review. Finding no reasonably arguable legal or factual issues exist, we affirm. PROCEDURAL SUMMARY On September 16, 2021, the Fresno County District Attorney filed a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)), alleging minor committed sodomy by force on a minor 14 years old or older (Pen. Code, § 286, subd. (c)(2)(C); count 1),1 sodomy of a person under 18 years old (§ 286, subd. (b)(1); count 2), and forcible lewd and lascivious act upon a child (§ 288, subd. (b)(1); count 3). Minor was ineligible for deferred entry of judgment. On September 29, 2021, minor denied the allegations of the juvenile wardship petition. On the same date, the juvenile court issued a restraining order, precluding minor from having any contact with the confidential victim. On August 30, 2022, the juvenile court dismissed counts 1 and 2 in exchange for minor’s admission on count 3, as amended to lewd and lascivious act on a child without force (§ 288, subd. (a)). On November 18, 2022, the juvenile court held a disposition hearing at which it found minor’s maximum period of confinement to be six years, removed minor from the custody of his parents, adjudged minor a ward of the court, placed minor on probation, ordered minor to complete a long-term sexual offender treatment program, and