Filed 1/21/15 In re J.M. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 J.M., a Person Coming Under the
Juvenile Court Law.
THE PEOPLE,
E061860
Plaintiff and Respondent,
(Super.Ct.No. J255562)
v.
OPINION
J.M.,
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Geanene M. Yriarte
and Brian Saunders, Judges. Affirmed with directions.
Dawn S. Mortazavi, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
The juvenile court found true that defendant and appellant J.M. (minor) committed
two counts of unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)) and
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misdemeanor reckless driving (Veh. Code, § 23103, subd. (a)). Minor was thereafter
declared a ward of the court and placed on probation in the custody of his parents on
various terms and conditions. Minor appeals from the judgment. We find no error, and
affirm the judgment with directions.
I
FACTUAL AND PROCEDURAL BACKGROUND
In June 2014, minor’s father sent 14-year-old minor against his will to live in a
group home in Baldwin Park. On June 9 or 10, 2014, the owner of the group home
noticed her white Audi that had been parked in the parking lot of the group home was
missing. The Audi was later recovered in Ontario, California, where minor’s father lived.
Minor’s father owned a 2004 Chevy Suburban. Around 11:45 p.m. on June 9,
2014, minor’s father went to bed and had left his car keys on top of his wallet on the
fireplace mantel in the living room. Between midnight and 4:45 a.m. on June 10, 2014,
minor’s father’s car and keys went missing. Minor’s father noticed that a bathroom
window facing the front yard of the house was open and its screen on the ground. Minor
did not have a key to his parents’ house.
Between 4:45 and 5:00 a.m., father received a call from the director of the group
home informing him that minor and a white Audi were missing. Minor’s father informed
the director that the vehicle was parked in front of his house.
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Minor’s uncle owned a white Chevy Silverado in June 2014. Around 4:45 a.m.,
minor’s uncle noticed his car was missing. He later discovered that his kitchen window
screen looked like someone had taken it off and placed it back.
Around 7:00 a.m. on June 10, 2014, minor’s father saw minor at the stop sign in
front of his house driving his brother-in-law’s white Chevy Silverado. Minor’s father
jumped into the passenger seat of his wife’s car, and he and his wife chased after minor
while speaking with a 911 operator. They followed minor for about 20 to 30 minutes
while minor sped down city streets, rolled through stop signs, and entered and exited the
10 freeway. Minor continued to drive erratically until he lost control of the car and
crashed into a 30-foot concrete sign. When minor’s father checked on minor following
the crash, he found minor to be unconscious. Minor’s father also found his car keys as
well as minor’s uncle’s car keys. Minor regained consciousness about five minutes later.
Neither minor’s father nor minor’s uncle had given minor permission to take their
vehicles.
After waiving his constitutional rights, minor admitted that he had taken the Audi
from the group home without permission and driven it to his parents’ house. He also
admitted to breaking into his parents’ house and taking his father’s car keys and vehicle
and then driving to his uncle’s home in Rancho Cucamonga. He further admitted to
breaking into his uncle’s home through the kitchen window and taking his uncle’s car
keys and vehicle without permission.
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On June 11, 2014, a Welfare and Institutions Code section 602 petition was filed
in Los Angeles County alleging that minor had committed two counts of felony grand
auto theft (Pen. Code, § 487, subd. (d)(1)) and one count of misdemeanor reckless driving
(Veh. Code, § 23103, subd. (a)).
Following an adjudication hearing on July 2, 2014, the Los Angeles County
Juvenile Court found true that minor committed two counts of unlawfully taking or
driving a vehicle (Veh. Code, § 10851, subd. (a)), the lesser included offense of felony
grand auto theft, and one count of misdemeanor reckless driving. The Los Angeles
Juvenile Court thereafter transferred the matter to San Bernardino County Juvenile Court
for the dispositional hearing. The San Bernardino County Juvenile Court accepted the
transfer on July 14, 2014.
On August 1, 2014, the San Bernardino County Juvenile Court declared minor a
ward of the court and placed him on probation on various terms and conditions in the
custody of his parents.
II
DISCUSSION
Minor appealed from the judgment, and we appointed counsel to represent him on
appeal. After examination of the record, 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.
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We offered minor an opportunity to file a personal supplemental brief, and 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.
However, we note that the disposition order, a document entitled “Juvenile
Detention Disposition Report” prepared by the San Bernardino County Juvenile Court
clerk, incorrectly states minor admitted to the offenses of two counts of felony grand auto
theft (Pen. Code, § 487, subd. (d)(1)) and one count of misdemeanor reckless driving
(Veh. Code, § 23103, subd. (a)). But in fact, minor neither admitted the allegations nor
was it found true he committed two counts of felony grand auto theft. Rather, following
an adjudication hearing, the Los Angeles County Juvenile Court found true that minor
had committed two counts of unlawfully taking or driving a vehicle (Veh. Code, § 10851,
subd. (a)), as the lesser included offense of felony grand auto theft, and one count of
misdemeanor reckless driving (Veh. Code, § 23103, subd. (a)). As such, we order a
corrected disposition order.
III
DISPOSITION
The juvenile court is ordered to prepare a corrected disposition order (the Juvenile
Detention Disposition Report) reflecting that the allegations of two counts of unlawfully
taking or driving a vehicle (Veh. Code, § 10851, subd. (a)) and one count of
misdemeanor reckless driving (Veh. Code, § 23103, subd. (a)) were sustained. The
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juvenile court shall thereafter forward a certified copy of the corrected disposition order
to appropriate authorities. In all other respects, the judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
McKINSTER
J.
MILLER
J.
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