Filed 12/13/17 In re M.T. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO



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

THE PEOPLE,

Plaintiff and Respondent,

v.

M.T.,

Defendant and Appellant.


E068530

(Super.Ct.No. J270120)

O P I N I O N


APPEAL from the Superior Court of San Bernardino County. Corey G. Lee, Judge. Affirmed.
Tyrone Sandoval, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
The juvenile court sustained an allegation that defendant and appellant, M.T. (Minor), resisted, obstructed, or delayed a peace officer in the performance of his duties. (Pen. Code, § 148, subd. (a)(1); count 1.) The court declared Minor a ward of the court and placed her on formal probation under various terms and conditions.
After Minor’s counsel filed a notice of appeal, this court appointed counsel to represent her on appeal. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the facts, a statement of the case, and identifying two potentially arguable issues: (1) whether sufficient evidence supports the court’s true finding; and (2) whether the probation conditions are unlawful. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
A sheriff’s deputy testified that on February 13, 2017, at around 10:30 p.m., he drove by a gas mart which had closed about a half hour earlier. The gas mart was in an area where police had problems with people loitering, conducting narcotics transactions, conducting robberies, and engaging in fights and assaults. As he drove by, the officer noticed 10 to 12 people in the parking lot, all of whom appeared to be under 18 years of age. Two vehicles were parked on the northern edge of the parking lot.
The officer drove up beside the group and asked what they were doing. Minor responded: “We’re just hanging out.” The officer informed them loitering was prohibited and asked them to leave. Minor responded: “We don’t have to.”
The officer asked Minor how old she was; Minor responded: “17 years old.” The officer exited his patrol vehicle; Minor walked away from him toward one of the parked vehicles. The officer told Minor to walk to his patrol vehicle; Minor failed to comply; she continued to walk over to one of the parked vehicles, which she attempted to enter.
The officer walked toward Minor and again told her to walk over to his patrol car; she again failed to comply. The officer reached out for her arm in order to escort her to his patrol car; Minor jerked her arm away from him and told him he could not touch her. The officer grabbed her arm and walked her over to his vehicle. Minor became argumentative.
The officer searched Minor and found what he then believed to be a black handgun in her waistband. After he found the gun, Minor spun around and took off running. The officer made contact with personnel in his department’s helicopter and asked them to search for Minor. He additionally put out a general call for assistance; seven other units responded.
Minor was eventually located 120 yards away hiding on the front porch of an apartment. The officer personally apprehended Minor. He took her home and cite released her. At her home, Minor was argumentative, defiant, and uncompliant. Minor yelled and screamed, storming in and out of the house. At one point, her mother asked the officer to take Minor to jail because her mother could not control her.
On March 16, 2017, the People filed a juvenile wardship petition alleging minor had resisted, obstructed, or delayed a peace officer in the performance of his duties. (Pen. Code, § 148, subd. (a)(1); count 1.) The probation officer’s report filed on April 20, 2017, reflected Minor had been placed on house arrest on January 31, 2014, for misdemeanor battery. On February 14, 2014, Minor’s house arrest was terminated due to her violation of its terms. On February 19, 2014, the juvenile court declared Minor a ward of the court and placed her on probation.
During the ensuing year and a half, Minor violated the terms of her probation at least eight times, including three curfew violations, a new misdemeanor battery charge, and a sustained second degree burglary charge. Minor admitted smoking marijuana. Minor had numerous school discipline issues; she had attended three separate high schools during her 10th grade year alone. Minor’s discipline issues included threatening and assaulting school staff. The probation officer recommended Minor be declared a ward of the court and placed in the home of her mother on various terms of probation.
After the court found the allegation true, Minor submitted on the probation officer’s report for purposes of disposition. The People argued Minor should receive custody time. The court placed Minor on formal probation with the terms and conditions as set forth in the probation officer’s report. Minor accepted the terms. Minor’s counsel objected to term 20 which would have required that Minor have no contact with the officer. The court changed the term to reflect that Minor have no negative contact with the officer.
II. DISCUSSION
We offered defendant an opportunity to file a personal supplemental brief, which she has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER
Acting P. J.


We concur:

MILLER
J.

CODRINGTON
J.