Filed 6/30/17 In re F.J. CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE


In re F.J., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
F.J.,
Defendant and Appellant.
A150292

(Sonoma County
Super. Ct. No. 37946-J)




Minor F.J. appeals from final dispositional orders requiring him to serve up to 300 days in juvenile hall, with probation terminating upon his release. As required under People v. Kelly (2006) 40 Cal.4th 106, 124, we affirmatively note counsel for appellant has filed a Wende brief raising no arguable issues, counsel apprised appellant of his right to file a supplemental brief, and appellant did not file such a brief. Upon review of the record for potential error, we find no arguable issues warranting reversal. However, we modify the judgment to correct an error in the calculation of custody credits and affirm the judgment as modified.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
A delinquency petition (Welf. & Inst. Code, § 602) filed in April 2014 alleged appellant was in possession of a knife on school grounds in violation of Penal Code section 626.10, subdivision (a)(1). A teacher at Santa Rosa Middle School saw appellant opening a document with a steak knife. When the teacher approached appellant he voluntarily turned over the knife to the teacher. Appellant completed a waiver of rights form and admitted to the allegation of possessing the knife. Appellant was declared a ward of the court on May 14, 2014, placed on probation, and ordered to reside with his mother. Conditions of probation included no gang participation in any form and participation in the PRIDE counseling program.
From May 2014 to March 2015, six section 777 petitions alleging probation violations were sustained. Many of the violations were for possessing gang-related clothing. Other violations included being physical and defiant towards his mother, being suspended from school, violating curfew, and associating with known gang members. On his sixth probation violation, appellant was detained in juvenile hall for almost four months.
Appellant was placed in the Courage to Change program in Tulare County in June 2015. Two months later, he was terminated from the program after he attacked another resident. Appellant was arrested on August 11, 2015 and detained in juvenile hall in Tulare County. A second section 602 petition was filed charging appellant with a violation of Penal Code section 242 (misdemeanor battery). Appellant admitted to the charge and was transferred in custody to Sonoma County on August 21, 2015. At disposition on September 9, 2015, the juvenile court ordered appellant detained in juvenile hall pending placement. Appellant was placed at Rite of Passage on September 21, 2015.
Appellant did well at Rite of Passage and received satisfactory reports at six months and again at 12 months. After graduating from the program, wardship was retained and the court ordered appellant reside with his mother. Probation conditions included that appellant must obey all laws, attend school, and abstain from any gang affiliation.
On October 5, 2016, a new section 777 petition was filed, charging appellant with violation of probation conditions. The new petition alleged appellant’s cell phone depicted gang activity, a picture on the phone showed appellant in possession of alcohol, and he had numerous school absences and tardies. A contested hearing was held on October 19, 2016. Appellant’s probation officer testified regarding his discovery of photos on appellant’s cell phone. At the conclusion of evidence and testimony, the court found appellant’s cell phone depicted gang activity but found not true the allegations regarding possession of alcohol and school absences/tardies.
On November 2, 2016, the court ordered appellant to serve 270 to 300 days in juvenile hall with 180 days’ credit for time served, with probation to terminate upon his release. Appellant filed an appeal on January 6, 2017.
DISCUSSION
Appellant was represented ably by counsel throughout the proceedings. We find no indication in the record counsel provided ineffective assistance.
Substantial evidence supports the juvenile court’s findings appellant was entrenched in a gang lifestyle, putting him in violation of his probation on numerous occasions, and that appellant violated conditions of his probation by possessing gang indicia on his cell phone. The court did not abuse its discretion when sentencing appellant to juvenile hall because all other attempts at rehabilitation had been unsuccessful.
Upon review of the entire record, we note the juvenile court made an error in calculating appellant’s predisposition custody credit. With respect to the August 13, 2015 section 602 petition, appellant was arrested in Tulare County on August 11, 2015 and held in custody for 10 days prior to being transferred in custody to Sonoma County on August 21, 2015. The record reflects appellant remained in custody in Sonoma County juvenile hall for a total of 42 days until September 21, 2015, but appellant was only given credit for a total of 32 days for that period. Accordingly, as the parties agree, appellant is entitled to an additional 10 days of credit, for a total of 190 days.
DISPOSITION
The November 2, 2016 dispositional order is corrected to award F.J. a total of 190 days of predisposition custody credit. As modified, the judgment is affirmed.








_________________________
Margulies, Acting P.J.


We concur:


_________________________
Dondero, J.


_________________________
Banke, J.