In re Anthony G.
Filed 5/7/07 In re Anthony G. CA4/27
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO
In re ANTHONY G., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. ANTHONY G., Defendant and Appellant. | E041365 (Super.Ct.No. J207000) OPINION |
APPEAL from the Superior Court of San Bernardino County. Douglas N. Gericke, Judge. Affirmed.
Douglas E. Baxter, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
A new Welfare & Institutions Code section 602 petition issued on March 15, 2006, alleged in count one that the minor, Anthony G., committed a felony violation of Health and Safety Code section 11370.1 (possession of a controlled substance with a firearm). Count one also contained an allegation that the crime was committed for the benefit of, at the direction of, and in association with a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b)(1). Count two alleged a felony violation of Penal Code section 12101, subdivision (a)(1) (minor in unlawful possession of a firearm). Count two also contained a gang enhancement allegation charged pursuant to Penal Code section 186.22, subdivision (b)(1).
On March 30, 2006, the minor admitted the allegation in count one. The gang enhancement allegation for this count was stricken. Count two and the special gang enhancement allegations were also dismissed and stricken. After contested disposition hearings, the juvenile court formally declared the minor a ward of the juvenile court. The court also found that count one was gang-related and that the minor must therefore register as a gang offender pursuant to Penal Code sections 186.30 and 186.32.
statement of facts
According to the probation departments April 14, 2006, 15-page Juvenile Report, the minor and his companion, Juan C. H., were stopped by a sheriffs deputy on March 13, 2006. Juan C. H. was driving the vehicle in which the defendant was the passenger. During a consent search, Officer Patton (officer) discovered a secret compartment behind the center console storage box. This compartment was between both Juan C. H. and defendant and each had equal access to it. Inside the compartment, the officer found a white sock containing two glass methamphetamine pipes, both of which were coated with a white, powdery substance. The officer also located a black glove containing seven .38 caliber bullets. There was also a .38 caliber handgun next to these items. The gun was loaded with five live ammunition rounds. Finally, the officer observed a plastic baggie containing methamphetamine. During questioning, the minor admitted he was an active member of the Colonia 13 gang and that he used the moniker of Youngster. Juan G. H. was also an active gang member.
The minor also stated that he had been a gang member for four to six months at the time of the arrest. The minor further stated that he knew the gun belonged to Juan
C. H. and that he also knew at the time they were arrested that the gun and drugs were in the vehicle and he had access to both.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende(1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
disposition
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P.J.
We concur:
McKINSTER
J.
RICHLI
J.
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