In re L.L.

Filed 6/22/07 In re L.L. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. Douglas N. Gericke, Judge. Affirmed.

Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A Welfare and Institutions Code section 602 petition was filed in 2004, alleging that defendant and appellant L.L. (minor) committed vandalism (Penal Code, 594, subd. (b)(1))^[1], second degree commercial burglary ( 459), and conspiracy to commit a crime. ( 182, subd. (a)(1).) Minor admitted the vandalism allegation. A juvenile court found the allegation true and dismissed the other counts. The court granted Deferred Entry of Judgment (DEJ) and placed minor on probation. Within three months, minor admitted the allegation that he failed to obey all laws. The court thus found that minor had not complied with the DEJ conditions, lifted the DEJ, reinstated the petition, declared minor a ward, and placed him on Success probation. Within a few months, minor admitted violating the terms of his probation. The court continued minor on probation and ordered him to serve 30 days in juvenile hall, with custody to remain with his parents upon release. A few months later, minor admitted to violating his probation terms again. The court continued minor on probation and ordered him to serve 45 days in juvenile hall, with custody to remain with his parents upon release.

On September 24, 2006, a subsequent Welfare and Institutions Code section 602 petition was filed alleging that minor committed a carjacking ( 215, subd. (a)) and robbery. ( 211.) Minor admitted the robbery allegation, and the court dismissed the other count. Following a contested dispositional hearing, and after considering the probation officers recommendation, the court committed minor to the Division of Juvenile Justice (DJJ) for the maximum confinement period of five years eight months.

Minor filed a Notice of Appeal, challenging his commitment to DJJ.

FACTS

On September 21, 2006, the victim reported to the police that she was walking in a park with her boyfriend, when some individuals approached them about marijuana. They said they did not have any marijuana and proceeded to walk to their car. On the way to the car, the victim was hit on the head with a bottle, thrown to the ground, and kicked by the assailants, who then drove away in her car. The assailants collided into a tree and abandoned the car. The victim positively identified minor as one of the participants in the carjacking and assault.

DISCUSSION

Minor appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [ 87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered minor an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

/s/ HOLLENHORST

Acting P.J.

We concur:

/s/ McKINSTER

J.

/s/ RICHLI

J.

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^[1] All further statutory references will be to the Penal Code, unless otherwise noted.