In re Rafael S.

Filed 9/13/06 In re Rafael S. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT*

APPEAL from a judgment of the Superior Court of Kern County. Peter A. Wamerdam, Referee.

Harry Zimmerman, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and John A. Bachman, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

On December 8, 2005, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that appellant, Rafael S., Jr., committed two misdemeanor counts of vandalism (Pen. Code, § 594, subd. (a)(1), counts one & two) and possessed tools with intent to vandalize, a misdemeanor (Pen. Code, § 594.2, subd. (a), count three). On January 13, 2006, appellant admitted count one.[1] The remaining counts were dismissed. Appellant requested the court make a finding that he qualified for a statutory exception to the one-year mandatory driver's license suspension in Vehicle Code section 13202.6, subdivision (a)(1).

During the disposition hearing on February 9, 2006, appellant requested to make a showing that suspension of his driver's license would cause a financial hardship. Counsel stated appellant was seeking a restricted driver's license. Counsel explained appellant had a job in another community and there was no shuttle or car pool appellant could take. Appellant's job was as a welder's assistant in an oil field and he had to drive himself to the job. The court replied:

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