In re Franky V.

Filed 2/20/07  In re Franky V. CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

            On April 28, 2003, a petition pursuant to Welfare and Institutions Code section  602[1] was filed in Santa Cruz County alleging that the minor, Franky V., then age  12, committed misdemeanor vandalism (Pen. Code, § 594, subd. (a); count 1),and misdemeanor trespass (Pen. Code, § 602, subd. (l); count 2).  On July 3, 2003, the minor admitted the allegations as to count 2.  The juvenile court declared the minor to be a ward of the court and ordered him placed in a group home. 

            On July 14, 2003, a section 602 petition was filed in Sacramento County alleging that the minor committed misdemeanor battery (Pen. Code, § 242; count 1) and misdemeanor assault (Pen. Code, § 240; count 2).  The minor later admitted the allegations as to count 2.  

            On September 8, 2003, a section 777 petition was filed in Santa Cruz County alleging that the minor violated the juvenile court's July 3, 2003 order, as the minor was terminated from his group home on September 5, 2003.  On November 19, 2003, the court continued the minor as a ward of the court, but returned the minor to his mother's home on electronic monitoring.  On December 18, 2003, a new section 777 petition was filed alleging that the minor violated the court's November 19, 2003 order, in that he left his mother's home during the night of December 17, 2003, and tested positive for alcohol and cocaine on December 18, 2003.

            On January 13, 2004, a petition under sections 602 and 777 was filed alleging that the minor committed two counts of misdemeanor battery (counts 1 & 2), and one count of misdemeanor vandalism (count 3).  On February 17, 2004, the minor admitted the battery counts and the court ordered the minor placed in a group home.  On March 5, 2004, a petition was filed pursuant to section 777 alleging that the minor violated the court's February 17, 2004 order, as he was terminated from the group home for failing to comply with its rules. 

            On March 8, 2004, the court ordered the minor placed in another group home.  On April 13, 2004, an amended petition was filed under sections 602 and 777 alleging that the minor violated the March 8, 2004 order, as he absconded from the placement and was arrested by police several hours later, and he also committed two counts of misdemeanor assault.  The same day, the minor admitted one assault count and the court ordered the minor returned to a group home.  On May 11, 2004, a new section 777 petition was filed alleging that the minor was in violation of the court's April 13, 2004 order, in that he absconded from the placement on May 10, 2004, and his whereabouts were unknown.

            On July 8, 2004, a section 778 petition was filed by the minor's probation officer alleging that the minor's mother agreed to have the minor returned to her with intensive probation services.  The court granted the petition and ordered that the minor participate in the Family Preservation Program.  On August 4, 2004, a section 777 petition was filed alleging that the minor was in violation of the July 8, 2004 order in several specific respects.  On August 5, 2004, the minor admitted some of the allegations in the petition, and the court returned him to his mother's home on electronic monitoring.

            On August 13, 2004, an amended petition was filed under sections 602 and 777 alleging that the minor was in violation of the August 5, 2004 order, and had committed felony animal cruelty (Pen. Code, § 597, subd. (a); count 1), misdemeanor battery on a peace officer (Pen. Code, § 243, subd. (b); count 2), and misdemeanor obstruction of a peace officer (Pen. Code, § 148, subd. (a)(1); count 3).  On August 25, 2004, the minor admitted the allegations in counts 1 and 2, and count 3 was dismissed.

            On September 7, 2004 a new petition under sections 602 and 777 was filed alleging that the minor was in violation of the August 5, 2004 order, in that he committed misdemeanor assault.  On September 13, 2004, another new petition under sections 602 and 777 was filed alleging that the minor committed misdemeanor possession of a concealed dirk or dagger (Pen. Code, § 12020, subd. (a)(4)).  The court sustained the two new petitions and, on October 15, 2004, returned the minor to his mother's home on electronic monitoring.

            On December 16, 2004, an amended petition pursuant to sections 602 and 777 was filed alleging that the minor was in violation of the court's October 26, 2004 order, in that he violated a stay-away order and he committed felony commercial burglary (Pen. Code, §  459).  The court sustained the burglary count but found it to be a misdemeanor and, on January 27, 2005, the court returned the minor to a group home.

            On February 28, 2005, a section 602 petition was filed in Fresno County alleging that the minor committed misdemeanor vandalism (count 1) and misdemeanor obstruction of an officer (count 2).  On March 4, 2005, a section 777 petition was filed in Santa Cruz County alleging that the minor was in violation of the court's January 27, 2005 order, in that he absconded from his placement in Fresno County.  On March 18, 2005, a petition was filed pursuant to sections 602 and 777 alleging that the minor was in violation of the court's January 27, 2005 order, in that he committed three counts of misdemeanor obstruction of an officer (counts 1-3), and one count of misdemeanor vandalism (count 4).  On April 5, 2005, the minor admitted two obstruction counts and the vandalism count and the court returned the minor to his mother's home on electronic monitoring.   

            The minor left his mother's home on April 11, 2005, and was arrested the next day.  On April 14, 2005, an amended petition pursuant to sections 602 and 777 was filed alleging that the minor was in violation of the court's April 5, 2005 order, in that he left his mother's home and he committed felony receiving stolen property (Pen. Code, § 496, subd. (a); count 1), misdemeanor giving false identification (Pen. Code, 148.9, subd. (a); count 2), and misdemeanor battery on a peace officer (count 3).  On April 15, 2005, a new petition pursuant to sections 602 and 777 was filed alleging that the minor committed misdemeanor battery.  On May 11, 2005, a new petition pursuant to sections  602 and 777 was filed alleging that the minor committed three counts of misdemeanor possession of a weapon in juvenile hall (Pen. Code, § 871.5, subd. (a)).  On May 19, 2005, the minor admitted the felony count and one weapons count and the court ordered the minor placed in a group home.  The minor was sent to a program in San Bernardino County, but he absconded from the program and was arrested the same day.

            On June 1, 2005, a section 602 petition was filed in San Bernardino County alleging that the minor committed felony second degree robbery (Pen. Code, § 211; count 1) and felony commercial burglary (count 2).  The minor admitted the felony burglary count in that county, and was returned to Santa Cruz County on June 22, 2005.  

            On June 23, 2005 an amended section 777 petition was filed in Santa Cruz County alleging that the minor violated the May 19, 2005 order, in that the minor absconded from the placement.  On August 5, 2005, a petition was filed pursuant to sections 602 and 777 alleging that the minor committed misdemeanor battery on a peace officer (count 1) and misdemeanor obstruction of a peace officer (count 2).  On August 23, 2005, a new petition under sections 602 and 777 was filed alleging that the minor committed misdemeanor vandalism.  On August 31, 2005, the minor admitted the misdemeanor battery count and the court ordered the minor placed in a group home.

            The minor absconded from his placement on September 12, 2005, and was arrested in Santa Clara County the same day.  He was transported to Santa Clara Juvenile Hall and then was readmitted to his previous placement on September 13, 2005.  On October 12, 2005, a section 777 petition was filed alleging that the minor was in violation of the August 31, 2005 order, in that he absconded from his placement and his whereabouts were unknown.  The petition requested that a bench warrant issue.  On October 18, 2005, the minor appeared with counsel and admitted the allegations in the petition.  On November 8, 2005, the court granted the probation department's request for a continuance of the dispositional hearing as the minor had three pending felony charges in Santa Clara County.  

            On January 5, 2006,[2] the minor appeared with counsel in Santa Clara County juvenile court and admitted three misdemeanor counts of assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)).  The court transferred the matter to Santa Cruz County for disposition.  

            On January 10, 2006, an amended petition was filed in Santa Cruz County under sections 602 and 777 alleging that the minor committed felony vandalism (count 1), and three counts of misdemeanor battery (counts 2-4).  On January 11, 2006, the minor admitted the allegations in counts 1 and 4.  The other counts were dismissed with the understanding that they could be considered for purposes of disposition.  The minor's counsel advised the court that the Santa Clara County matter was being transferred in for disposition the following week.  The court accepted the transfer-in on January 26, 2006.

            The probation officer's disposition report recommended that the minor be committed to the Youth Authority (YA),[3] with a maximum time of confinement of nine years, 10 months.  On February 2, 2006, the minor requested that the court return him to his mother's home or place him a group home, or limit a YA commitment to a 90-day assessment.  The prosecutor concurred in the probation department's recommendation for a YA commitment.  The court continued the then 15-year-old minor as a ward of the court and committed the minor to YA, but continued the matter for determination of the maximum time of confinement.

            On February 3, 2006, the court set the maximum time of confinement at eight years.  It selected the middle term of two years for the felony animal cruelty count as the principal term.  It then imposed consecutive terms of one-third the middle term for all but three of other previously sustained counts, and imposed concurrent terms for those three counts.  This reduced the minor's maximum time of confinement by a total of one year, eight months from the maximum time recommended by the probation department.  The court also awarded the minor 829 days custody credits.  

            The minor filed a timely notice of appeal, and we appointed counsel to represent him in this court.  Appointed counsel has filed an opening brief which states the case and facts but raises no issues.  We notified the minor of his right to submit written argument in his own behalf within 30 days.  That period has elapsed and we have received no response from the minor.  Pursuant to People v. Wende (1979) 25 Cal.3d 436, and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

            The dispositional order of February 3, 2006, is affirmed.

                                    __________________________________________________

                                                  Bamattre-Manoukian, ACTING P.J.

WE CONCUR:

_________________________

MIHARA, J.

_________________________

McADAMS, J.

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            [1]   Further unspecified statutory references are to the Welfare and Institutions Code.

            [2]   The documents in the clerk's transcript indicate that the minor admitted the allegations on January 5, 2006, but the reporter's transcript for the relevant hearing indicates that it was held onJanuary 9, 2006.

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