Filed 11/28/05 In re Edward L. CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION TWO

In re EDWARD L., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent, v. EDWARD L., Defendant and Appellant.	A110147 (San Francisco County Super. Ct. No. JW04-6671)

I.

Edward L., a minor, appeals from the denial of his petition for a finding of factual innocence brought pursuant to Welfare and Institutions Code section 781.5, subdivision (d),^[1] after the prosecution dismissed its juvenile delinquency petition filed under section 602. Appellant's counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436.

II.

A.

A petition seeking to have appellant declared a ward of the court was filed on December 16, 2004, alleging that appellant had committed a second degree burglary on November 10, 2004, when he entered a locked vehicle with the intent to commit larceny or other felony. After denying the allegations of the petition at a hearing held on December 27, 2004, the prosecutor subsequently filed a motion to dismiss the petition, which was granted on March 1, 2005. Appellant then filed a petition for a finding of factual innocence, pursuant to section 781.5, subdivision (d). In addition to his petition for a finding of factual innocence, appellant also filed a companion petition seeking to seal and destroy his arrest record, pursuant to section 781.5, subdivision (c). Following a hearing on May 4, 2005, the court denied appellant the requested relief.

B.

Section 781.5, subdivision (d) states: â€