Filed 3/21/18 In re J.M. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re J.M., a Person Coming Under the Juvenile Court Law. H045041
(Santa Clara County
Super. Ct. No. 17-JV-42313)


THE PEOPLE,

Plaintiff and Respondent,

v.

J.M.,

Defendant and Appellant.

Appellant J.M. seeks review of a juvenile court order finding him competent to proceed on eight petitions filed pursuant to Welfare and Institutions Code section 602 between March 27 and July 7, 2017. Petitions A through E alleged theft or unauthorized use of a vehicle between March 23 and May 31, 2017 (Veh. Code, § 10851, subd. (a)); petition A also alleged possession of burglar tools (Pen. Code, § 466, a misdemeanor). Petition F alleged three counts of attempted first degree burglary and two counts of first degree burglary, all taking place between April 27 and April 28, 2017 (id. §§ 664, 459 460 subd. (a)). Petition G contained two counts of theft or unauthorized use of a vehicle (an additional count of first degree burglary was dismissed) on April 8 and April 27, 2017 (Veh. Code, § 10851, subd. (a)); and Petition H alleged theft or unauthorized use of a vehicle and hit and run driving causing property damage on March 14, 2017 (Veh. Code, §§ 10851, subd. (a), 20002, subds. (a)(1) & (a)(2), a misdemeanor).
At a hearing on June 20, 2017 at which the minor was detained on petitions A through F, defense counsel declared a doubt as to the minor’s competence “due to developmental immaturity.” J.M. had just turned 13 at that time. The court ordered preparation of an assessment pursuant to (§ 241.1). On July 11, 2017, petitions G and H having been recently filed, counsel renewed her declaration of doubt and applied it to the new petitions. The court set the matter for a competency trial on August 3 and 7, 2017, to be followed by the hearing on the section 241.1 issues. The court suspended proceedings on petitions G and H pending those hearings.
At the August 3 hearing the court found that the People had successfully established the minor’s capacity on petitions B and the April offenses in petition G, but it dismissed the allegation of the March 12 offense in petition G and all of petitions A and H, finding insufficient evidence that at the time of those offenses J.M. understood the wrongfulness of his conduct.
The court heard extensive expert testimony on August 7, 16, and 23. At the conclusion of the August 23 hearing the court found the minor competent under the standards described in section 709. J.M. filed a notice of appeal the next day, August 24, 2017.
Appellate counsel for the minor has filed an opening brief that describes the charged offenses and the court’s findings. She also questions the appealability of the August 23 ruling. Otherwise, her brief raises no specific issues. We notified the minor of his right to submit written argument on his own behalf within 30 days; appellate counsel also advised him of that right. We have received no written argument from the minor.
Although we have reviewed the entire record and have found no arguable issues (People v. Wende (1979) 25 Cal.3d 436; In re Kevin S. (2003) 113 Cal.App.4th 97), that determination is of no consequence, as we conclude that the minor’s appeal is premature. The right of appeal is statutory, and an order is not appealable unless expressly made so by statute. Juvenile court orders that are appealable include only those enumerated in section 800. Nothing in section 800 authorizes an appeal from a finding of competency before an adjudication of wardship.
The appeal is dismissed.




_________________________________
ELIA, ACTING P. J.

WE CONCUR:



_______________________________
MIHARA, J.



_______________________________
GREENWOOD, J.












People v. J.M.
H045041