Anthony E.
Filed 7/16/13 In re Anthony E. CA5
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TO BE PUBLISHED IN THE OFFICIAL REPORTS
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Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
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IN THE COURT OF APPEAL OF THE STATE
OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re
ANTHONY E., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
ANTHONY E.,
Defendant and
Appellant.
F066337
(Super.
Ct. No. JJD065887)
THE COURT
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APPEAL from
a judgment of the Superior Court of
County. Jennifer Shirk, Judge.
Linda K.
Harvie, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of
the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
On October
31, 2012, appellant, Anthony E., admitted violating his probation in Tulare
County Superior Court case No. JJD065887.
On November
15, 2012, the court committed Anthony to the Tulare County Juvenile Ranch
Camp. Following independent review of
the record pursuant to People v. Wende
(1979) 25 Cal.3d 436, we affirm.
FACTS
On January
19, 2012, the prosecution filed a first amended petition charging Anthony with
(former Pen. Code, § 12101, subd. (b)(1)) and
Code, § 12020, subd. (a)(4)).
On February 24, 2012, Anthony
admitted the petition allegations contingent upon the court granting him
deferred entry of judgment (DEJ).
On March 26, 2012, the court found
Anthony not suitable for DEJ and Anthony withdrew his admission of the two
charges.
On June 13, 2012, Anthony admitted
the possession of a dirk or dagger charge as a misdemeanor and the remaining
charge was dismissed. The court then
placed Anthony on formal probation and placed him in the custody of his
mother.
On July 2, 2012, the district
attorney filed a petition charging Anthony with possession of live ammunition
by a minor, a misdemeanor.
On July 3, 2012, Anthony admitted
the charge and was again placed on formal probation. However, after that date, Anthony did not
attend school, anger management classes or substance abuse counseling as
required by his terms and conditions of probation. Additionally, Anthony’s house was a known
gang hangout to Visalia police officers and on several occasions gang members
were seen by officers congregating inside and outside his residence.
On October 26, 2012, Anthony was
with two documented gang members at his residence when he was arrested for
violating his probation.
On October 30, 2012, the probation
department filed a notice of probation violation alleging Anthony was in
violation of his terms and conditions by continuing to communicate and
associate with gang members and associates, possessing illegal substances,
failing to attend school, and failing to attend substance abuse and anger
management counseling.
On October 31, 2012, Anthony
admitted the alleged probation violations.
On November 15, 2012, the court set
Anthony’s maximum term of confinement at one year two months and it committed
him to the Tulare County Juvenile Ranch Camp for a maximum term of 365
days.
Anthony’s appellate counsel has
filed a brief which summarizes the facts, with citations to the record, raises
no issues, and asks this court to independently review the record. (People
v. Wende, supra, 25 Cal.3d
436.) Anthony has not responded to this
court’s invitation to submit additional briefing.
Following
an independent review of the record
we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
