IN RE: CODY C. (2010)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Minor Cody C. appeals from the order declaring him a ward of the court (Welf. & Inst.Code, § 602) by reason of his having committed vandalism in violation of Penal Code section 594, subdivision (a),¹ arising out of the following facts.

On June 25, 2009, police officers responding to a report of vandalism went to a park where they found black sharpie pens and observed marks made by a red marker on a seat and planter.   They detained appellant in connection with the vandalism.   In a petition filed August 25, 2009, the People alleged appellant committed vandalism in violation of section 594, subdivision (a).   At the time of the offense, appellant was on probation following an August 9, 2008 order of deferred adjudication under Welfare and Institution Code section 790 for assault with a deadly weapon (§ 245, subd. (a)(1)) and battery on school, park, or hospital grounds (§ 243.2, subd. (a)).  At a pre-plea hearing on October 7, 2009, appellant admitted the vandalism allegation.

The juvenile court continued the hearing to November 16, 2009 and again to January 21, 2010 to allow appellant to demonstrate progress in school and show clean drug testing results.   At the January 2010 hearing, appellant's progress report showed improved grades and school attendance, but the probation officer's report showed that appellant tested positive for marijuana and benzodiazepines in a December 2009 drug test.   The juvenile court revoked the 2008 adjudication order and ordered appellant home on probation, finding him a ward of the court pursuant to Welfare and Institutions Code section 602.

We appointed counsel to represent him on this appeal.   After examination of the record, counsel filed an “Opening Brief” in which no issues were raised.   On August 5, 2010, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider.   No response has been received to date.

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.  (People v. Wende (1979) 25 Cal.3d 436, 441.)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

FOOTNOTES

FOOTNOTE.  

FN1.  All subsequent code section references are to the Penal Code unless otherwise indicated..  FN1.  All subsequent code section references are to the Penal Code unless otherwise indicated.

THE COURT: * FN*.DOI TODD, Acting P. J., ASHMANN-GERST, J., CHAVEZ, J.