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In re M.M. CA5

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In re M.M. CA5
By
07:10:2017

Filed 5/12/17 In re M.M. CA5






NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT


In re M.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

M.M.,

Defendant and Appellant.

F074668

(Super. Ct. No. 16CEJ600332-1)


OPINION
THE COURT*
APPEAL from an order of the Superior Court of Fresno County. Michael G. Idiart, Judge.
Elizabeth J. Smutz, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

The court adjudged appellant M.M. a ward of the court (Welf. & Inst. Code,
§ 602) after appellant admitted a charge of possession of a weapon on school grounds (Pen. Code, § 626.10, subd. (a)), a misdemeanor. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On October 2, 2015, at approximately 2:23 p.m., a campus assistant at Roosevelt High School in Fresno reported to the school resource officer (SRO) that he caught appellant and two other students smoking marijuana in a bathroom. The campus assistant also told the SRO that one student possessed marijuana and a pocket knife.
The SRO contacted the three students. He searched appellant and found a pocket knife with a blade three and one-half inches long and a brown leafy substance that the SRO believed was marijuana. The SRO cited and released appellant.
On May 16, 2016, the Fresno County District Attorney filed a wardship petition that charged appellant with possession of a weapon on school grounds and possession of marijuana on school grounds (Health & Saf. Code, § 11357, subd. (e)), a misdemeanor.
On October 19, 2016, appellant entered his plea to the possession of a weapon count and the remaining count was dismissed.
On November 9, 2016, at appellant’s disposition hearing, the court placed appellant on probation until December 9, 2017, on certain terms and conditions.
Appellant’s appointed appellate counsel has filed a brief that 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.) Appellant 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 order is affirmed.




Description On October 2, 2015, at approximately 2:23 p.m., a campus assistant at Roosevelt High School in Fresno reported to the school resource officer (SRO) that he caught appellant and two other students smoking marijuana in a bathroom. The campus assistant also told the SRO that one student possessed marijuana and a pocket knife.
The SRO contacted the three students. He searched appellant and found a pocket knife with a blade three and one-half inches long and a brown leafy substance that the SRO believed was marijuana. The SRO cited and released appellant.
On May 16, 2016, the Fresno County District Attorney filed a wardship petition that charged appellant with possession of a weapon on school grounds and possession of marijuana on school grounds (Health & Saf. Code, § 11357, subd. (e)), a misdemeanor.
On October 19, 2016, appellant entered his plea to the possession of a weapon count and the remaining count was dismissed.
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