In re V.P.











Filed 3/23/17 In re V.P. CA3




NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(San Joaquin)
----




In re V.P., a Person Coming Under the Juvenile Court Law.
C082698


THE PEOPLE,

Plaintiff and Respondent,

v.

V.P.,

Defendant and Appellant.


(Super. Ct. No. JJCJVDE20160001252)



Minor V.P. entered admissions to felony illegal possession of a concealed firearm by a minor (Pen. Code, § 29610),[1] misdemeanor possession of live ammunition by a minor (§ 29650), felony carrying a loaded unregistered firearm (§ 25850, subd. (c)(6)), and felony carrying a loaded concealed firearm on his person (§ 25400, subd. (c)(6)).In lieu of adjudging the minor a ward of the court, the juvenile court deferred entry of judgment(DEJ).The minor purports to appeal.
Counsel was appointed to represent the minoron appeal. Counsel filed an opening brief setting forth the facts of the case and requesting this court to review the record and determine whether there were any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Counsel advised the minorof his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from the minor. We shall dismiss the appeal as taken from a nonappealable order.
“ ‘It is settled that the right of appeal is statutory and that a judgment or order is not appealable unless expressly made so by statute.’ [Citations.]” (People v. Mazurette (2001) 24 Cal.4th 789, 792.) And,since “[t]he existence of an appealable judgment is a jurisdictional prerequisite to an appeal[, we] must raise the issue on [our] own initiative . . . . [Citations.]” (Jennings v. Marralle (1994) 8 Cal.4th 121, 126-127.)
“Under [Welfare and Institutions Code] section 800, an appeal may be taken from a judgment sustaining a juvenile delinquency petition [citation] or certain types of related rulings or orders, but there is no provision in the law for appealing from a DEJ order . . . .(In re Mario C. (2004) 124 Cal.App.4th 1303, 1306, 1308.) ‘The order does not enter judgment but “defer[s]” such entry indefinitely, perhaps permanently.’ [Id. at p. 1308.]” (In re T.C. (2012) 210 Cal.App.4th 1430, 1433.) There being no appealable judgment or order, the appeal must be dismissed.
DISPOSITION
The appeal is dismissed.



RAYE , P. J.



We concur:



BUTZ , J.



HOCH , J.



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[1] Undesignated statutory references are to the Penal Code.