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In re K.M.

In re K.M.
06:14:2007



In re K.M.



Filed 6/8/07 In re K.M. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 K.M., a Person Coming Under the Juvenile Court Law.



THE PEOPLE,



Plaintiff and Respondent,



v.



K.M.,



Defendant and Appellant.



E041688



(Super.Ct.No. J204512)



OPINION



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



Toni Guthrie, under appointment by the Court of Appeal, for Defendant and Appellant.



No appearance for Plaintiff and Respondent.



In October 2005, minor, represented by counsel, admitted to threatening a public officer (Pen. Code, 71);[1]in return, the remaining charge of disturbing the peace on school campus ( 415.5, subd. (a)) was dismissed, and minors counsel stipulated the probation officer may consider all allegations for purpose of disposition and restitution. Subsequently, minor was declared a ward of the court and placed on probation in the custody of his mother on various terms and conditions of probation. The court found the maximum term of physical confinement to be three years and imposed a $100 restitution fine.



In July 2006, minor, along with a coparticipant, committed the crimes of carjacking ( 215, subd. (a)) (count 1), second degree robbery ( 211) (count 2) with the use of a semiautomatic handgun, and attempted second degree robbery ( 664/211). A subsequent Welfare and Institutions Code section 602 petition was thereafter filed. On August 18, 2006, minor admitted to the robbery offense; in return, the remaining charges were dismissed, and minors counsel stipulated the probation officer may consider all allegations for purpose of disposition and restitution.



In September 2006, following a contested disposition hearing, minor was committed to the California Youth Authority for a maximum confinement term of three years (for the robbery offense) and eight months (for the prior felony offense of threatening a public officer). The court imposed a $100 restitution fine and also ordered minor to pay restitution to the three victims. Credit for time served of 85 days was awarded.



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, and he has not done so.



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



The judgment is affirmed.



NOT TO BE PUBLISHED IN OFFICIAL REPORTS



RICHLI



J.



We concur:



HOLLENHORST



Acting P.J.



McKINSTER



J.



Publication Courtesy of California free legal resources.



Analysis and review provided by Spring Valley Property line attorney.







[1] All future statutory references are to the Penal Code unless otherwise stated.





Description In October 2005, minor, represented by counsel, admitted to threatening a public officer (Pen. Code, 71); in return, the remaining charge of disturbing the peace on school campus ( 415.5, subd. (a)) was dismissed, and minors counsel stipulated the probation officer may consider all allegations for purpose of disposition and restitution. Subsequently, minor was declared a ward of the court and placed on probation in the custody of his mother on various terms and conditions of probation. The court found the maximum term of physical confinement to be three years and imposed a $100 restitution fine.
Court have now concluded our independent review of the record and find no arguable issues.
The judgment is affirmed.


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