In re A.M. CA1/3
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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE
In re A.M., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
A.M.,
Defendant and Appellant.
A150476
(Solano County
Super. Ct. No. J43553)
15-year-old A.M. (appellant) appeals from the juvenile court’s order continuing him on probation based on a finding that he committed possession of a firearm in a school zone (Pen. Code § 626.9, subd. (b) ) and possession of a firearm by a minor (§ 29610). Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues that require further briefing, and shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
A juvenile wardship petition was filed on December 16, 2016, alleging appellant committed possession of a firearm in a school zone (§ 626.9, subd. (b), count one), possession of a firearm by a minor (§ 29610, count two), and possession of ammunition by a minor (§ 29650, count three).
On December 14, 2016, appellant’s mother (Mother) picked appellant up from school. Appellant’s older brother and two cousins were also in the car. Appellant got into the backseat, next to his brother. When appellant got in the car, Mother noticed he was carrying his backpack; appellant placed the backpack next to himself. Appellant’s brother opened the backpack while looking for a pair of shoes. The brother then told Mother that there was a gun in the backpack. Appellant’s brother handed the backpack to Mother, and Mother found a gun inside. Mother asked about the gun and appellant told her that a friend from school had given it to him.
The next day, Mother drove appellant to the Solano County Probation Department and told appellant’s probation officer, Kelly Munguia, that she had found a gun in appellant’s backpack. Munguia asked appellant if he had had the gun with him at school the day before and appellant replied that he had. Munguia then read appellant his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436, 445) and asked him again if he had had the gun with him at school that day; appellant again replied that he had. Mother gave Munguia the keys to her car and a deputy sheriff found the gun under the front driver’s seat of Mother’s car. The gun had three .25 caliber cartridges loaded in it.
The juvenile court sustained the allegations in counts one (possession of a firearm in a school zone (§ 626.9, subd. (b)) and two (possession of a firearm by a minor (§ 29610)). The court did not sustain the allegations in count three (possession of ammunition by a minor (§ 29650)). The court continued appellant as a ward of the court and placed him on probation in Mother’s home, with various conditions.
DISCUSSION
Appellant’s counsel has filed a brief pursuant to People v. Wende, supra, 25 Cal.3d 436, and asks this court to independently review the entire record to determine if it contains any issues which would, if resolved favorably to the appellant, result in reversal or modification. We have examined the entire record and have found no reasonably arguable appellate issue, and we are satisfied that counsel has fully complied with his responsibilities. (People v. Kelly (2006) 40 Cal.4th 106, 109–110; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
_________________________
McGuiness, P.J.
We concur:
_________________________
Pollak, J.
_________________________
Siggins, J.
A150476
Description | 15-year-old A.M. (appellant) appeals from the juvenile court’s order continuing him on probation based on a finding that he committed possession of a firearm in a school zone (Pen. Code § 626.9, subd. (b) ) and possession of a firearm by a minor (§ 29610). Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues that require further briefing, and shall affirm the judgment. |
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