Filed 7/21/17 In re Anthony S. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE


In re ANTHONY S., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
ANTHONY S.,
Defendant and Appellant.



A149626

(Marin County
Super. Ct. No. JV26124)


Anthony S. appeals from the juvenile court’s order declining to seal the
records on a juvenile wardship petition and a notice of probation violation, pursuant to Welfare and Institutions Code section 786; the court sealed the records on another, more recent wardship petition. Appellant’s counsel has raised no issue on appeal and asks this court for an independent review of the record to determine whether there are any arguable issues. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) Appellant has not filed a supplemental brief. We find no arguable issues and affirm.
BACKGROUND
In May 2015, a section 602, subdivision (a) juvenile wardship petition was filed alleging that appellant, born in June 1998, committed misdemeanor vehicle theft (Veh. Code, § 10851, subd. (a)). Appellant admitted the offense and was adjudged a ward of the court and placed on probation.
In October 2015, a notice of probation violation was filed. Appellant admitted an allegation he had unexcused school absences and another allegation was dismissed.
In February 2016, another section 602, subdivision (a) petition was filed alleging that appellant committed two felonies. Subsequently, an amended petition was filed, alleging that appellant committed misdemeanor trespass (Pen. Code, § 602.5, subd. (a)) and misdemeanor receiving stolen property (Pen. Code, § 496, subd. (a)). Appellant admitted the allegations and was declared a ward of the court and continued on probation.
In September 2016, pursuant to section 786, the juvenile court dismissed the February 2016 petition, sealed the records on the petition, and terminated jurisdiction. The juvenile court declined to seal the records of the May 2015 petition and the October 2015 notice of probation violation.
This appeal followed.
DISCUSSION
We have reviewed the entire record and have found no arguable issues in this appeal from the juvenile court’s refusal to seal the records of the May 2015 petition and the October 2015 notice of probation violation.
At issue is section 786, which “authorizes the juvenile court to employ a streamlined, court-initiated procedure for dismissing juvenile delinquency petitions and sealing juvenile records . . . , when a ward ‘satisfactorily completes’ probation or supervision, as long as the offense is not one listed in section 707, subdivision (b). . . . ‘Satisfactory completion’ of probation or supervision has occurred if the person has no new findings of wardship, or a felony conviction, or a misdemeanor conviction involving moral turpitude, and he or she ‘has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.’ (§ 786, subd. (c)(1).) . . . The court is also authorized to seal and dismiss records relating to prior petitions that ‘appear to the satisfaction of the court to meet the sealing and dismissal criteria’ described above.” (In re A.V. (2017) 11 Cal.App.5th 697, 705–706.)
The juvenile court did not err in declining to seal the records of the May 2015 petition and the October 2015 notice of probation violation under section 786. Those records were not eligible for sealing under the plain language of the statute, at a minimum because the offenses underlying the February 2016 petition demonstrated appellant had failed to “substantially comply” with the conditions of probation under the May 2015 petition. (See § 786, subds. (c)(1) & (e)(1); see also In re Y.A. (2016) 246 Cal.App.4th 523, 528 [“There is nothing in the record to suggest that Minor satisfactorily completed probation on the offense alleged in her prior petition.”].) Appellant may still petition the juvenile court to seal his juvenile records under section 781. (See In re Y.A., at p. 527.)
Appellate counsel advised appellant of his right to file a supplemental brief to bring to this court’s attention any issue he believes deserves review. (People v. Kelly (2006) 40 Cal.4th 106.) Appellant did not file a supplemental brief. There are no legal issues that require further briefing.
DISPOSITION
The juvenile court’s orders are affirmed.








SIMONS, J.



We concur.




JONES, P.J.




BRUINIERS, J.