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People v. Fernando C.

California Court of Appeals, Second District, Eighth Division
May 19, 2008
No. B201846 (Cal. Ct. App. May. 19, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. TJ16573, Gibson Lee, Judge.

Lea Rappaport Geller, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


RUBIN, J.

Minor Fernando C. was charged in two separate petitions with committing weapons and drug offenses that qualified him as a ward of the juvenile court. (Welf. & Inst. Code, § 602.) The first petition, filed May 4, 2007, charged the minor with possession of a firearm by a minor (Pen. Code, § 12101, subd. (a)(1)) and with possession of live ammunition by a minor. (Pen. Code, § 12101, subd. (b)(1).) The juvenile court sustained the petition as to the weapons possession charge, but did not find true the ammunition possession count. The second petition, filed May 15, 2007, charged him with possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) That petition was sustained. Minor was declared a ward of the court and given a three-month camp placement as to both petitions.

The facts surrounding minor’s arrests come from his separate unsuccessful motions to suppress the physical evidence against him. His arrest on the weapons-related charges occurred at around 11:00 p.m. on April 11, 2007, when a police officer detained the minor because he believed the minor was in violation of a gang curfew injunction. The minor was searched, and a spent .22 caliber shell casing was found. The officer took the minor to his house and received written permission from the father to search the residence. A rifle was found in the minor’s bedroom. The minor’s arrest on the drug charge occurred around 1:45 a.m. on March 17, 2007, when police officers saw a car parked in a no-parking zone. The minor was a passenger in that car and the officers asked him to step out of the vehicle. When asked for identification, the minor said he had none. When asked if he “had anything illegal,” minor answered that he had some crystal methamphetamine under his seat. One of the officers then found a bag containing crystal methamphetamine under that seat.

The minor filed a notice of appeal and we appointed counsel to represent him. On January 8, 2008, his appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) in which no issues were raised. The brief included a declaration from counsel that she had reviewed the record and had sent the minor a letter advising him that such a brief would be filed and that he could file a supplemental brief if he chose to. That same day, this court sent the minor a letter advising him that a Wende brief had been filed and that he had 30 days to submit a brief raising any issues he wanted us to consider. The minor did not file a supplemental brief.

We have examined the entire record and are satisfied that appellant’s attorney has fully complied with her responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; Wende, supra, 25 Cal.3d 436.)

DISPOSITION

The judgment is affirmed.

WE CONCUR: COOPER, P. J., FLIER, J.


Summaries of

People v. Fernando C.

California Court of Appeals, Second District, Eighth Division
May 19, 2008
No. B201846 (Cal. Ct. App. May. 19, 2008)
Case details for

People v. Fernando C.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. FERNANDO C., Defendant and…

Court:California Court of Appeals, Second District, Eighth Division

Date published: May 19, 2008

Citations

No. B201846 (Cal. Ct. App. May. 19, 2008)