Filed 3/20/14 In re A.Q. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 A.Q., A Person Coming Under the
Juvenile Court Law.
THE PEOPLE,
E060034
Plaintiff and Respondent,
(Super.Ct.No. INJ1300188)
v.
OPINION
A.Q.,
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Lawrence P. Best,
Temporary Judge (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
1
I
INTRODUCTION
On May 21, 2013, pursuant to a negotiated disposition following the filing of a
Welfare and Institutions Code section 602 petition, minor and appellant A.Q. admitted
violating one count of theft from a person under Penal Code1 section 487, subdivision (c).
As part of this disposition, minor also admitted the allegation that he personally used a
deadly weapon, specifically a knife, in the commission of the offense under section
12022, subdivision (b)(1). The maximum potential term of confinement was set at four
years.
On June 6, 2013, the proceedings were suspended for the purpose of placing minor
on probation under Welfare and Institutions Code section 791, subdivision (b) (deferred
Entry of Judgment) for a period not to exceed three years.
On September 18, 2013, a Petition Subsequent was filed alleging robbery under
section 211, and theft from a person under section 487, subdivision (c).
Following a contested jurisdictional hearing, on October 17, 2013, the robbery
count was ordered dismissed and the theft from a person count was found true as a
felony. The maximum term of confinement was set at three years.
Minor was adjudged a ward of the court on the same terms and conditions as noted
above and placed in the custody of his mother. The previously deferred Entry of
Judgment was ordered lifted.
1 All statutory references are to the Penal Code unless otherwise indicated.
2
Minor filed a timely notice of appeal from the true finding on the Petition
Subsequent.
II
STATEMENT OF FACTS
On September 17, 2013, Salvador M., who was eleven years old, was outside his
apartment playing with his I-Pod. Two boys, minor and his brother, approached
Salvador. Minor’s brother asked if he could borrow Salvador’s I-Pod. Although no
specific threat was made, Salvador was afraid something would happen to him so he gave
the I-Pod to minor’s brother. Minor’s brother passed the I-Pod to minor, who ran with it
and jumped over a fence.
The minor was subsequently stopped by police and the I-Pod was found in his
possession.
III
ANALYSIS
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 conduct an
independent review of the 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
independently reviewed the record for potential error and find no arguable issues.
3
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RICHLI
J.
We concur:
RAMIREZ
P. J.
CODRINGTON
J.
4
In re A.Q. CA4/2
Combined Opinion