In re Michael G.
Filed 10/5/07 In re Michael G. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
In re MICHAEL G., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL G., Defendant and Appellant. | E042552 (Super.Ct.No. J212355) OPINION |
APPEAL from the Superior Court of San Bernardino County. Raymond P. Van Stockum, Judge. Affirmed.
Joseph T. Tavano, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
On January 11, 2007, a petition was filed in the San Bernardino County Juvenile Court pursuant to Welfare and Institutions Code section 602,[1]requesting fourteen-year-old minor be adjudged and declared a ward of the juvenile court. Count one of the petition alleged that on or about December 12, 2006, minor did unlawfully take a firearm in violation of Penal Code section 487, subdivision (d)(2).
On February 26, 2007, minor, represented by counsel, admitted the allegation in the petition, and the court found the allegations to be true and declared minor a ward of the court pursuant to section 602. The court ordered minor home on probation, imposed conditions of probation, and deferred entry of judgment. Upon request by the district attorney, and over the objection of minors attorney, the juvenile court made a factual finding for a predicate offense pursuant to Penal Code sections 186.30 and 186.22, but struck the requirement for registration, as set forth in term number 32 of the terms and conditions of probation.
Statement of facts[2]
On December 20, 2006, police were dispatched regarding a suspect brandishing a weapon. The reporting party stated he and his friends were approached by minor and his co-participant, Rudy L., who pulled out a handgun from his waistband and pointed it at them.
Minor admitted taking his mothers 9-mm handgun that was located in a safety box under the bed. He was aware the handgun was loaded when he placed it in his pocket and took it to Rudys house. Shortly after, minor allowed Rudy to hold the gun at which time Rudy pointed it at another juveniles face.
Minor had taken his mothers gun for protection since he belonged to the Keystone gang and often came in contact with rivals from other gangs. Michael stated he took the gun in case anyone tried to do anything to him.
Defendant 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 the defendant 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
RAMIREZ
P.J.
We concur:
HOLLENHORST
J.
MILLER
J.
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[1] All further references are to the Welfare and Institutions Code unless otherwise indicated.
[2] Because this appeal is from a plea, the statement of facts is taken from the probation officers report.
