In re K.G. CA1/1

Filed 7/2/13 In re K.G. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. K.G., A136731 Defendant and Appellant. (San Francisco City & County Super. Ct. No. JW106598)

Appellant and defendant K.G. appeals from the dispositional order of the juvenile court following a negotiated resolution of a third Welfare and Institutions Code section 602 petition, pursuant to which defendant admitted committing felony assault (Pen. Code, § 245, subd. (a)(4))1 while in juvenile hall. His appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the judgment. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not done so. Upon independent review of the record, we conclude no arguable issues are presented for review, and affirm the disposition order.

1 All further references are to the Penal code unless otherwise indicated. 1

BACKGROUND Starting in November 2010, the San Francisco District Attorney filed a series of Welfare and Institutions Code section 602 petitions against defendant. At the time the first petition was filed, defendant was 14 years old. He was born in El Salvador, and when he was four years old, his parents emigrated to the United States. He remained in El Salvador with his grandparents until 2005, when he joined his parents in the United States. After his parents separated the following year, his mother went through a year of depression. Defendant started associating with juveniles his mother suspected were gang members, and began becoming a “terror” at home. On November 23, 2010, the San Francisco District Attorney filed a Welfare and Institutions Code section 602 petition alleging defendant possessed marijuana for sale in violation of Health and Safety Code section 11359, subdivision (a)). Defendant was released pending receipt of narcotics results. On returning home, defendant promptly sought additional marijuana, and shortly thereafter was “jumped” by Sureño gang members at a new school because he “flashed” Norteño signs. Defendant exuded contempt and disrespect for his parents, the probation officer and the legal proceedings. On March 2, 2011, the juvenile court ordered home detention and released defendant subject to numerous terms and conditions, including drug testing. Defendant’s conduct continued as before, and he tested positive for marijuana throughout the month. On April 7, pursuant to a negotiated disposition, defendant admitted to being an accessory to a felony (§ 32), and on April 4 was placed on formal probation. Less than two months later, on June 29, 2011, the district attorney filed a second petition alleging defendant had participated in two robberies, an assault and attempted murder for the benefit of a street gang. The district attorney also filed a petition to revoke his probation and a motion to determine he was unfit for adjudication in the juvenile court system. Defendant and three other males assaulted, robbed and repeatedly stabbed the victim. Nine months later, on March 28, 2012, the matters were resolved by defendant admitting to one count each of receiving stolen property, robbery and assault. All other allegations and enhancements, and the petition to revoke probation were