Filed 11/13/13 In re N.N. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 N.N., a Person Coming Under the
Juvenile Court Law.
THE PEOPLE,
E059095
Plaintiff and Respondent,
(Super.Ct.No. J233260)
v.
OPINION
N.N.,
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Brian D. Saunders,
Judge. Affirmed.
James M. Crawford, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Over a period of three years, the minor had a total of six juvenile delinquency
petitions sustained against him. After initially being placed at home on probation, the
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minor progressed to serving time in juvenile hall, and then was placed at Boys’ Republic,
from which he ran away. Despite being warned that further transgressions would lead to
a commitment to Gateway, the minor ran away from the Excell Center in Turlock, which
resulted in the sixth petition and a commitment to Gateway. In his notice of appeal, the
minor appeals from the disposition order placing him at Gateway. As discussed below
we affirm the judgment.
FACTS AND PROCEDURE
First Petition – June 8, 2010
The minor and his brother were riding their bicycles on the streets and sidewalks,
nearly colliding with cars and pedestrians alike. After one such pedestrian protested, the
minor told him “I’m going to fuck you up,” removed a knife from his pocket and started
to open the blade.
A petition filed under Welfare and Institutions Code section 602, subdivision (a),
charged the minor with making criminal threats (Pen. Code, § 422) and alleged he
personally used a deadly weapon, a knife (Pen. Code, § 12022, subd. (b)(1)). The minor
admitted the criminal threats charge in exchange for the People dismissing the arming
enhancement. After disposition, the minor was released from juvenile hall and placed at
home on probation.
Second Petition – May 24, 2011
The minor was found pushing a shopping cart containing several large batteries
that had been stolen from a bus yard. The minor had a wrench in his pocket.
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The People filed a subsequent petition charging the minor with receiving stolen
property (Pen. Code, § 496, subd. (a)). After the People moved to reduce the charge to a
misdemeanor, the minor admitted the allegation. At disposition, the minor was ordered
to serve 30 days in juvenile hall without credit for time served.
Third Petition – December 2, 2011
The minor and several other juveniles chased the victim and his friend while they
were walking near a park. The minor pushed the victim and took a phone from the
victim’s hand when he tried to call for help.
The People filed a subsequent petition charging the minor with second degree
robbery (Pen. Code, § 211). The minor eventually admitted the charge. The minor was
ordered to serve 60 days in juvenile hall with credit for 13 days.
Fourth Petition – October 23, 2012
The minor got into a verbal argument with the victim at the victim’s home. The
minor made several comments, including “Crip set. I’ll be back.” The minor returned a
brief time later carrying a black and red bag. When the victim called 911, the minor took
a 9-milimeter gun from the bag and placed it in a storage cabinet in the carport.
Responding police found the gun, and the minor’s companion told police that the minor
had placed it there.
The People filed a subsequent petition charging the minor with possessing a
firearm as a minor (Pen. Code, § 29610), trespass (Pen. Code, § 602, subd. (m)), and
making criminal threats (Pen. Code, § 422). Defendant admitted the firearm possession
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charge in return for the other counts being dismissed. The minor was placed at Boys’
Republic.
Fifth Petition – December 27, 2012
The minor never made it to Boys’ Republic. He “absconded” while being
transported there.
The People filed a supplemental petition alleging the minor violated his probation.
The juvenile court dismissed the probation violation and petition after the minor agreed
to be re-placed. The court told the minor that his next disposition would be a
commitment to Gateway if he again violated the terms of his probation. The minor was
placed at EE Residential in San Jose. He was transferred to Excell Center in Turlock on
April 2, 2013 for “administrative reasons” because of “the progress of the minor and the
program.” Excell is a ranch style setting and is closer to the minor’s home and family.
Sixth Petition – May 30, 2013
The minor became agitated after trying to use the telephone without permission.
He picked up chairs in the kitchen and slammed them to the floor. He punched two holes
in the wall and told staff he was going to “fuck up all the staff.” He packed up his things
and left. The minor’s probation officer asked that he be re-placed because he needed a
“highly structured environment with constant supervision.”
The People filed a supplemental petition alleging the minor violated his probation
by failing to “Obey the reasonable and proper orders of the staff” and failing to “Not
leave the premises or program-sanctioned activities without explicit authority . . . .” The
minor admitted the first violation in exchange for the People dismissing the second
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violation. At disposition, the minor asked to be placed in juvenile hall until he became 18
years old in February of 2014. However, the juvenile court ordered the minor committed
to the Department of Juvenile Justice’s Gateway facility. This appeal followed.
DISCUSSION
After the minor appealed, and upon his request, this court appointed counsel to
represent him. 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 case, a summary of the facts, and potential arguable issues, and requesting this court
to undertake a review of the entire record.
We offered minor an opportunity to file a personal supplemental brief, but he has
not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have
conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
RICHLI
J.
CODRINGTON
J.
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