Filed 2/26/19 In re Manuel J. CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| In re MANUEL J., a Person Coming Under the Juvenile Court Law. |
|
|
THE PEOPLE,
Plaintiff and Respondent,
v.
MANUEL J.,
Defendant and Appellant.
| D074530
(Super. Ct. No. JJL000254) |
APPEAL from orders of the Superior Court of Imperial County, William D. Lehman, Judge. Affirmed.
Pauline E. Villanueva, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
This appeal arises from a juvenile wardship proceeding in which it was alleged that Manuel J. (the Minor) imported methamphetamine into the United States (Health and Saf. Code,[1] § 11379, subd. (a); count 1) and that he possessed methamphetamine for sale (§ 11378; count 2). After his request for deferred entry of judgment (DEJ) was denied, the Minor admitted count 1 and the remaining count was dismissed. The Minor was placed on probation subject to serving 120 days in juvenile hall. The court also imposed various terms and conditions including a search waiver. The search waiver stated that the Minor must "[S]urrender his person and/or property to search and seizure anytime of the day or night, with or without a warrant, with or without probable cause, to any Probation Officer or Peace Officer."
The Minor filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating she has been unable to identify any arguable issue for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered the Minor the opportunity to file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
The parties stipulated to a factual basis for the Minor's admission. It was agreed he imported a controlled substance into the country for financial gain.
DISCUSSION
As we have discussed, counsel has not been able to identify any arguable issue for reversal on appeal. She asks this court to review the record pursuant to Wende. In order to assist this court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible, but not arguable issues: 1) Whether the court abused its discretion in denying deferred entry of judgment; 2) Whether the court provided proper notice of deferred entry of judgment eligibility; 3) Whether the court abused its discretion in ordering the Minor to serve 120 days in juvenile hall; and 4) Whether the court erred in imposing a search condition to the extent such condition might be applied to the Minor and whether counsel was ineffective for failing to object to such conditions.
We have reviewed the entire record as mandated by Wende and Anders. In our review, we have been particularly mindful of the possible issues raised by appellate counsel. Our review of the record has not revealed any arguable issue for reversal on appeal. Competent counsel has represented the Minor on this appeal.
DISPOSITION
The jurisdictional and dispositional orders of the juvenile court are affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
HALLER, J.
DATO, J.
[1] All further statutory references are to the Health and Safety Code unless otherwise specified.
