Filed 12/23/20 In re R.D. CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re R.D., a Person Coming Under

the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

R.D.,

Defendant and Appellant. D077698

(Super. Ct. No. J240364)

APPEAL from a Judgment of the Superior Court of San Diego County,

Tilisha Martin , Judge. Affirmed.

Sheila O’Connor, under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

This appeal arises from an order of the juvenile court committing R.D.

(the Minor) to the Division of Juvenile Justice (DJJ). The commitment was

based on the separate offense and over two years of failure on probation, and

failure in less restrictive placements.2 PRECEDURAL BACKGROUND

In August 2017, the Minor admitted a violation of Penal Code, 1

section 422 (criminal threats) and was declared a ward of the court. The

Minor was placed in custody o f the Breaking Cycles Program and later

released home.

In January, June, and September 2018, the Minor admitted multiple

probation violations.

In August 2019, the Minor admitted committing an assault with force

likely to cause great bodily injury (§ 245, subd. (a)(4)) and possession of

ammunition. He was placed in the Youth Offender Unit (YOU) program.

The Minor was later terminated from the YOU program for behavior

violations and poor performance.

In June 2020, the Minor petitioned to terminate the wardship since he

had turned 18. The court denied the petition and committed the Minor to

DJJ for the term of up to four years 10 months.

The Minor filed a timely notice of appeal.

Appellate counsel has filed a brief pursuant to People v. Wende (1979)

25 Cal.3d 436 ( Wende ) indicating she has not been able to identify any

arguable issues for reversal on appeal. Counsel asks the court to review the

record for error as mandated by Wende . We offered the Minor the

opportunity to file his own brief o n appeal, but he has not responded.

STATEMENT OF FACTS

The first offense was committed August 6, 2017. At that time, Sheriff’s

Deputies were called to the Minor’s home where a fight had taken place

between the Minor and his stepfather. During the affray the Minor assaulted

the stepfather and threatened to ki ll him.

1 All further statutory references are to the Penal Code.3

The second offense occurred on July 27, 2019. At that time, d eputies

were again at the house and discovered a sock full of ammunition.

The third offense occurred on July 29, 2019. At that time, the Minor

assaulted another minor while in cus tody at the Juvenile Hall.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks

the court to review the record for error. To assist the court in its review of

the record, and in compliance with Anders v. California (1967) 386 U.S. 738

( Anders ), counsel has identified the following possible issues that were

considered in evaluating the potential merits of this appeal:

1. Whether the juvenile court considered the least restrictive

environment when considering the placement of the Minor; and

2. Whether the juvenile court abused its discretion in failing to

terminate the Minor’s wardship given that the Minor had already turned 18.

We have reviewed the entire record as required by Wende and Anders.

We have not discovered any a rguable issues for reversal on appeal.

Competent counsel has represented the Minor on this appeal.4 DISPOSITION

The judgment is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

HALLER, J.

IRION, J.