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In re Melissa B.

In re Melissa B.
03:02:2007

In re Melissa B


In re Melissa B.


Filed 2/9/07  In re Melissa B. CA4/2


 


 


 


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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


 


FOURTH APPELLATE DISTRICT


 


DIVISION TWO










In re MELISSA B., a Person Coming Under the Juvenile Court Law.


THE PEOPLE,


            Plaintiff and Respondent,


v.


MELISSA B.,


            Defendant and Appellant.



            E040990


            (Super.Ct.No. SWJ002799)


            OPINION



            APPEAL from the Superior Court of Riverside County.  Martin Staven, Judge.  (Retired judge of the Tulare Mun. Ct. assigned by the Chief Justice pursuant to art. VI, §  6 of the Cal. Const.)  Affirmed.


            Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant.


            No appearance for Plaintiff and Respondent.


            On April 20, 2004, minor admitted that she had shoplifted in violation of Penal Code section 490.5, a misdemeanor.  Minor was thereafter adjudged a ward of the court and placed on probation on various terms and conditions, including serving 6 to 12 days in the juvenile work program.  


            On October 31, 2005, a subsequent petition was filed alleging that minor had violated the terms of her probation by being suspended from school after she was found to be under the influence of alcohol on school property.  On December 12, 2005, minor admitted the allegation.  The juvenile court thereafter continued minor on probation on various terms and conditions, including serving 15 to 30 days in juvenile hall.


            On March 9, 2006, another subsequent petition was filed alleging that minor violated the terms of her probation by leaving home without her mother's permission and by being outside the home unaccompanied after 8:00 p.m. on two occasions.  On April 14, 2006, minor admitted the allegations and was given another chance on probation.  The juvenile court also ordered minor to serve 25 to 50 days in juvenile hall.


            On June 14, 2006, a third subsequent petition was filed alleging that minor violated the terms of her probation by leaving a hospital without being medically discharged and her whereabouts being unknown.  The petition also alleged that minor was outside her home without her mother after 10:00 p.m.; that minor had failed to place her name on the waiting list for substance abuse counseling; and that minor was absent from school without a valid excuse on five occasions.  Minor had been hospitalized on three separate occasions due to intoxication from drugs and alcohol.  On June 15, 2006, minor admitted the allegations in the third petition.


            The following day, a fourth subsequent petition was filed alleging that minor violated the terms of her probation by being intoxicated in public in violation of Penal Code section 647, subdivision (f), a misdemeanor.  On June 19, 2006, minor admitted the allegation in the fourth petition.


            The probation officer noted that minor had been granted the opportunity to mend her self-destructive, negligent behavior with diversion programs, probation supervision, substance abuse counseling, counseling referrals, and educational assistance in the community, but to no avail.  Minor's mother appeared fatigued by minor's behavior and reported that she was â€





Description The probation officer noted that minor had been granted the opportunity to mend her self destructive, negligent behavior with diversion programs, probation supervision, substance abuse counseling, counseling referrals, and educational assistance in the community, but to no avail. Minor's mother appeared fatigued by minor's behavior and reported that she was "stressed" and "helpless" in efforts to discipline minor. She also admitted that she had no control over minor.
Minor appealed, and upon her request this court appointed counsel to represent her. 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.
The judgment is affirmed.
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