In re Otis M.

Filed 1/22/07  In re Otis M. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            Otis M. appeals from an order continuing him as a ward of the juvenile court and committing him to out-of-home placement at the Orin Allen Youth Rehabilitation Facility for six months.  His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues.  (People v. Wende (1979) 25 Cal.3d 436.)  After review of the record, we find no arguable issues and affirm.

            A petition filed pursuant to Welfare and Institutions Code section  602 alleged that the minor possessed a firearm at a school (Pen. Code, §  626.9, subd. (b)) and that he was a minor in possession of a firearm (Pen. Code, §  121-1, subd. (a)).  These allegations were based upon the following facts:^[1]  On September 25, 2005, the minor found a loaded gun while smoking marijuana behind a portable classroom on the campus of El Cerrito High School.  He gave the gun to his cousin to hold for him.  His cousin was arrested with the gun; the minor later turned himself in to the police and was arrested for possessing a firearm at school.  The minor admitted (by plea of no contest) both counts of the petition and the court dismissed the possession of a firearm at a school allegation and reduced the minor in possession of a firearm allegation to a misdemeanor.  At the disposition hearing on this petition, the minor was made a ward of the court and ordered to remain in his parents' home on probation.

            A supplemental petition was filed on August 1, 2006, alleging that the minor committed second degree robbery.  (Pen. Code, §  212.5, subd. (c).)  This allegation was based upon the following facts:^[2]  The minor and two friends entered the Food Maxx in Pinole in the evening of July 28, 2006.  The minor was observed placing shoe polish into his jacket; one of his friends was seen putting a bottle of E& J brandy into the minor's backpack.  The minor left the store without paying for the items and struggled with a security officer who tried to get him to return to the store.  He pushed one woman, causing her to fall into a cash register, and punched another woman in the face.  He attempted to flee from police who arrived at the scene, but was ultimately apprehended.  The minor was permitted to admit to an allegation of grand theft (Pen. Code, §  487, subd.  (c)) and the robbery allegation was dismissed.  At the dispositional hearing, the minor was continued as a ward of the court, removed from his parents' custody and committed to the Orin Allen Youth Rehabilitation Facility for six months.  His maximum term of commitment was determined to be three years.  This timely appeal followed.

            The minor was advised of his constitutional rights and the consequences of his admission, prior to admitting the allegation.  The court found his admission to be free and voluntary, and that there was a factual basis for it.  No error appears in the entry of his admission, or in the dispositional proceeding.  The minor's maximum term of commitment was properly determined.  The minor was represented by counsel at all times.

            In response to notice of his right to file a supplemental brief, the minor submitted in writing eleven points for our consideration.  We have reviewed the entire record and the minor's contentions, and have found no arguable issues on appeal.  To the extent that the minor's contentions raise issues of sufficiency of the evidence to support the robbery allegation, sufficient evidence of the factual basis for the minor's admission of this allegation appears in the record.  His assertion that he might not have had the ability to â€