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In Re R.V., A Person Coming Under the Juvenile Court Law. v. R.V

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin)


December 10, 2012

IN RE R.V., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
R.V., DEFENDANT AND APPELLANT.

(Super. Ct. No. 67922)

The opinion of the court was delivered by: Hull , J.

In re R.V. CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

On February 5, 2010, a petition was filed under Welfare and Institutions Code section 602, subdivision (a), charging 15-year-old R.V. (the minor) with robbery (count 1; Pen. Code, § 211), assault with a deadly weapon (counts 2 & 3; Pen. Code, § 245, subd. (a)(1)), brandishing a knife (count 4; Pen. Code, § 417, subd. (a)(1)), and street terrorism (count 5; Pen. Code, § 186.22, subd. (a)). As to count 5, it was alleged that the minor committed the offense to benefit a criminal street gang. (Pen. Code, § 186.22, subd. (b).) All offenses were alleged to have been committed on or about February 3, 2010.

On February 8, 2010, a subsequent petition charged the minor with unlawful taking or driving of a vehicle (count 1; Veh. Code, § 10851, subd. (a)), receiving a motor vehicle as stolen property (count 2; Pen. Code, § 496d, subd. (a)), petty theft (count 3; Pen. Code, § 484), and receiving stolen property (count 4; Pen. Code, § 496, subd. (a)). All offenses were alleged to have been committed on or about December 3, 2009.

On June 28, 2010, the minor admitted one felony count of assault with a deadly weapon (count 2 on the original petition) and the remaining allegations were dismissed. The factual basis for the admission, as stated in the detention report, is that on February 3, 2010, when store employees confronted the minor because he had concealed an item of merchandise on his person, he brandished a knife and threatened to "cut" them.

On August 10, 2010, the juvenile court adjudicated the minor a ward of the court, placed him on probation, and ordered him to complete the Reconnect Program. Thereafter, three petitions alleging probation violations were filed against the minor.

After two failed out-of-home placements, the minor was terminated from the Reconnect Program and detained in juvenile hall.

On March 16, 2012, the juvenile court granted the probation officer's petition requesting the administration of psychotropic medication to the minor.

On April 12, 2012, a petition was filed seeking the modification of prior orders (Welf. & Inst. Code, § 739.5) so as to delegate the administration of psychotropic drugs to the minor's parents. On April 13, 2012, over the minor's objection, the juvenile court granted the petition.

On April 25, 2012, the minor filed a notice of appeal from the order granting the petition.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: BLEASE , Acting P. J. MAURO , J.

20121210

© 1992-2012 VersusLaw Inc.



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