In re John
Filed 3/10/06 In re John D. CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION ONE
| In re JOHN D., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. JOHN D., Defendant and Appellant. | A111112 (Contra Costa County Super. Ct. No. J04-01240) |
John D., a minor, appeals from the jurisdictional and dispositional orders of the juvenile court. Appellate counsel asks this court for an independent review of the record to determine if it discloses the presence of any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) We have concluded that review and, finding neither error nor arguable issues, affirm.
Background
The minor, born in June 1992, has been a dependent child and a ward of the juvenile court for some time, apparently having been removed from his mother's home when he was eight years old. He has lived in a number of placements since that time. On March 4, 2005, a Welfare and Institutions Code section 602 petition was filed in the Contra Costa juvenile court, charging the minor with unlawful possession of an instrument and weapon: an altered flare gun with a shotgun shell in the chamber. The petition later was amended to charge the minor with possession of a short-barreled shotgun.
While this matter was pending, and the minor was residing in a group home, a petition was filed in the Alameda County juvenile court after the minor took the group home's van on June 29, 2005. The petition charged the minor with driving and taking a van without the consent of the owner (Veh. Code, § 10851) and with driving a vehicle on the highway without holding a valid driver's license (Veh. Code, § 12500, subd. (a).) On July 1, 2005, pursuant to the minor's admission, the Alameda County juvenile court found the second charge to be true, and dismissed the first on the motion of the district attorney. The court ordered that the minor be detained at juvenile hall, and transferred the matter to Contra Costa County.
Jurisdictional Hearing and Order
The jurisdictional hearing in the Contra Costa County proceedings was held on August 3, 2005. The minor was present and was represented by counsel. Police Officer Brian Bubar testified that on January 14, 2005, he saw four juveniles walking on San Pablo Avenue at approximately 11:12 p.m., after curfew. Three of the juveniles ran off, but the fourth, the minor, did not. The officer approached, and, noting that the minor was wearing baggy clothing, asked if he had any weapons on him. The minor stated, â€
