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In re Enrique R.

In re Enrique R.
07:05:2007



In re Enrique R.



Filed 6/25/07 In re Enrique R. CA2/2



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



SECOND APPELLATE DISTRICT



DIVISION TWO



In re ENRIQUE R., a Person Coming Under the Juvenile Court Law.



B192295



(Los Angeles County



Super. Ct. No. KJ26629)



THE PEOPLE,



Plaintiff and Respondent,



v.



ENRIQUE R.,



Defendant and Appellant.



THE COURT:*



Minor Enrique R. appeals from the order continuing him a ward of the court (Welf. & Inst. Code,  602) by reason of his having committed the crime of possession for sale of a controlled substance in violation of Health and Safety Code section 11378. The juvenile court committed minor to a short-term camp community placement. We appointed counsel to represent minor on this appeal.



After examination of the record, counsel filed an Opening Brief containing an acknowledgment that she had been unable to find any arguable issues. On January 25, 2007, we advised minor that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.



The record reveals that Peter Lopez, a police officer for the City of El Monte, made a traffic stop of a vehicle with an expired registration. Minor was the passenger and another minor was driving. Officer Lopez saw a plastic bag containing eight folded baggies of what later proved to be methamphetamine on the center console ashtray. Neither minor possessed drug paraphernalia. Officer Lopez believed the methamphetamine was possessed for sale based on the quantity and packaging and the lack of symptoms of methamphetamine use by the minors.



Detective Juan Casados interviewed minor at the police station. After minor waived his Miranda rights[1], he agreed to speak with the detective. Minor admitted that the eight packages contained methamphetamine, and he said they were all his. Minor said he did not use methamphetamine and that he was not selling it either.



The probation report shows that this was minors third sustained petition for a felony offense. He was previously found to have committed the offenses of possession of a deadly weapon on a school campus and theft of a vehicle, and he was sent home on probation for those offenses. He had numerous other contacts with law enforcement for offenses such as petty theft and vandalism.



We have examined the entire record and are satisfied that minors attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)



The order under review is affirmed.



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.



Publication Courtesy of California free legal resources.



Analysis and review provided by Spring Valley Property line attorney.







* BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J.



[1]Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).





Description Minor Enrique R. appeals from the order continuing him a ward of the court (Welf. & Inst. Code, 602) by reason of his having committed the crime of possession for sale of a controlled substance in violation of Health and Safety Code section 11378. The juvenile court committed minor to a short term camp community placement. Court appointed counsel to represent minor on this appeal.We have examined the entire record and are satisfied that minors attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.) The order under review is affirmed.



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