Filed 3/21/13 In re Miguel H. CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re MIGUEL H., a Person Coming Under
the Juvenile Court Law.
D062108
THE PEOPLE,
Plaintiff and Respondent, (Super. Ct. No. J224541)
v.
MIGUEL H.,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Richard
Monroy, Judge. Affirmed.
In June 2010, Miguel H., who was a ward of the juvenile court, admitted he had
violated Penal Code section 211 (robbery). Seven other theft-related counts were
dismissed. The court continued Miguel as a ward, placed him on probation with standard
enumerated terms and conditions, and committed him to a one-year Breaking Cycles
program.
In September 2010, Miguel admitted he had violated two conditions of his
probation: wearing gang clothing and violating his curfew. The court continued the
previous commitment to Breaking Cycles and required him to complete 45 days of house
arrest under an electronic surveillance program. In December 2010, Miguel admitted
violating three other conditions of probation. The court continued the disposition for
three months so it could evaluate how Miguel performed under the probation
department's highest level of supervision. In March 2011, Miguel admitted six violations
of probation conditions. On the same day, the court committed him to the Youthful
Offender Unit for a maximum period of 480 days.
Miguel was released from the unit on December 20, 2011. A week later he was
arrested for vandalism and charged with a probation violation: failure to obey all laws.
At a contested evidentiary hearing, the court found the allegation true based on the
testimony of a restaurant manager who identified Miguel as the individual who threw a
brick through the front window of the restaurant. The incident resulted in $2,250 in
damage to the window, a wall and a painting. The court continued Miguel on probation;
reaffirmed the previously ordered conditions of probation; required 45 days of house
supervision and imposed $2,250 in restitution as an additional condition of probation.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the relevant facts and
proceedings at the juvenile court. Counsel presents no argument for reversal, but asks
that this court review the record for error as mandated by People v. Wende (1979) 25
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Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to one
possible, but not arguable issue: may a juvenile court impose restitution as a condition of
probation where the underlying finding arises from a probation violation which requires
proof by a preponderance of the evidence, not proof beyond a reasonable doubt?
We granted Miguel permission to file a brief on his own behalf. He has not
responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and
Anders v. California, supra, 386 U.S. 738, including the possible issue referred to by
appellate counsel, has disclosed no reasonably arguable issue. Competent counsel has
represented Miguel on this appeal.
DISPOSITION
The judgment is affirmed.
HALLER, Acting P. J.
WE CONCUR:
O'ROURKE, J.
AARON, J.
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