In re J.F. CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. J243407
- Trial judge
- Rohanee Zapanta
- Outcome
- affirmed — Affirmed.
- Area
- delinquency
- Panel
- Judith D. McConnell (author), O'Rourke, Julia C. Kelety
Analysis
The juvenile court sustained allegations of robbery and receiving stolen property, declared J.F. a ward of the court, and committed him to juvenile detention for up to 250 days. The Court of Appeal affirmed the judgment after an independent review of the record pursuant to Wende and Anders, finding no reasonably arguable issues for reversal.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Sustaining allegations of robbery and receiving stolen property and declaring J.F. a ward of the court“Based on the evidence presented at the jurisdictional hearing, the juvenile court found the allegations in the petition true as to both counts and continued the proceedings for a dispositional hearing.” | unclear | not reached | unsure The appellate court did not analyze the sufficiency of the evidence or the jurisdictional findings because it was conducting an independent review under Wende and Anders and found no reasonably arguable issues to raise or address. |
Committing J.F. to Urban Camp for a period not to exceed 250 days“At the conclusion of the hearing, the court declared J.F. a ward of the court and adopted the recommendation of the probation department to commit J.F. to Urban Camp for a period not to exceed 250 days.” | unclear | not reached | unsure The court did not review the dispositional order for abuse of discretion because the Wende/Anders review concluded there were no arguable issues on appeal. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appellate counsel to file a brief identifying any arguable issues and the court to independently review the record if no issues are raised.
- relied: Anders v. California (1967) 386 U.S. 738 — Requires appellate counsel to file a brief identifying any arguable issues and the court to independently review the record if no issues are raised.
The appellate opinion: sound with gaps — The opinion is procedurally sound as it correctly applies the Wende/Anders framework for independent review when counsel identifies no issues. However, it is a 'sound with gaps' opinion because it fails to address the specific issues identified by counsel in the Anders brief, providing no reasoning for why those specific claims were not 'reasonably arguable.'
How this analysis was made · dispute it
unusual dispositionThe juvenile court sustained a Welfare and Institutions Code section 602 petition alleging robbery (Pen. Code, § 211) and receiving stolen property (Pen. Code, § 496d), declared J.F. a ward, and committed him to Urban Camp for no more than 250 days. On appeal, appointed counsel filed a Wende/Anders brief, J.F. filed no supplemental brief, and the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
True finding on the robbery count (Pen. Code, § 211) based on G.V.'s prior statements to police, surveillance video, and school-official identification“the juvenile court found the allegations in the petition true as to both counts and continued the proceedings for a dispositional hearing.” | substantial evidence | correct | agree with court Although the opinion does not articulate the standard, counsel framed the issue as sufficiency of the evidence, which is reviewed for substantial evidence. The record described includes video of the incident, a school official's identification of J.F., and G.V.'s recorded statement that J.F. went through his pockets, which under Evidence Code section 1235 is admissible as substantive evidence once G.V. claimed not to recall. That is enough to support a robbery finding under an aiding-and-abetting or direct-perpetrator theory. |
True finding on the receiving stolen property count (Pen. Code, § 496d) based on J.F. taking his mother's car after being given the keys for a limited purpose“J.F. eventually returned home, and his mother found him passed out in the car with alcohol containers inside.” | substantial evidence | correct | unsure The opinion recites only that the mother gave J.F. the keys to retrieve something, fell asleep, and found the car gone and later found J.F. passed out in it. Section 496d requires the vehicle to have been stolen (or obtained by theft or extortion) and that the minor knew it was stolen; a limited-consent key handoff followed by an unauthorized drive raises a question whether the taking was a theft with intent to permanently deprive as opposed to an unauthorized temporary use. The opinion does not discuss the elements or the evidence on intent, so I cannot confirm or refute the sufficiency conclusion from this record. |
Admission of G.V.'s prior statements to police as impeachment after he testified he could not recall the robbery“The prosecutor then impeached G.V. with the video showing the incident and G.V.’s interview with the investigating officer, during which he identified J.F. as the person who went into his pockets.” | unclear | correct | agree with court A witness's professed inability to recall may be treated as inconsistent with a prior detailed statement when the trier of fact may infer the memory loss is evasive, making the prior statement admissible under Evidence Code section 1235 both to impeach and as substantive evidence. Nothing in the opinion suggests G.V.'s memory loss was genuine or that the statement lacked foundation, so the admission appears proper, though the court did not analyze it. |
No ineffective assistance of trial counsel for failing to renew an objection to a prosecution witness not disclosed until the day set for the jurisdictional hearing“Whether trial counsel was ineffective for failing to renew an objection to the testimony of a witness the prosecution did not name until the day the jurisdictional hearing was set to begin” | unclear | correct | unsure Ineffective assistance claims on direct appeal require a record showing both deficient performance with no conceivable tactical reason and prejudice. The opinion gives no detail about which witness was late-disclosed, what the initial objection was, why it was not renewed, or whether exclusion was a realistic remedy under Penal Code section 1054.5. On this record I cannot evaluate the claim, though such claims are typically unsuitable for direct appeal. |
Dispositional order declaring J.F. a ward and committing him to Urban Camp for a period not to exceed 250 days“the court declared J.F. a ward of the court and adopted the recommendation of the probation department to commit J.F. to Urban Camp for a period not to exceed 250 days.” | abuse of discretion | correct | agree with court Juvenile dispositions are reviewed for abuse of discretion, with deference to the court's weighing of the minor's rehabilitative needs and public safety. The court adopted probation's recommendation and rejected the People's request for a longer HOPE commitment of at least 365 days, choosing the less restrictive option on the table; the sustained offenses included a robbery and the record reflects substance use. Nothing in the opinion suggests the court failed to consider less restrictive alternatives or acted arbitrarily. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed appellate counsel finds no arguable issues, the Court of Appeal must independently review the entire record for arguable error before affirming.
- relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal wholly frivolous may so advise the court and request to withdraw, but must file a brief referring to anything in the record that might arguably support the appeal.
- missed: In re Kevin S. (2003) 113 Cal.App.4th 97 — Wende independent-review procedures apply to appeals from juvenile delinquency judgments under Welfare and Institutions Code section 602; the opinion applied Wende without citing the authority extending it to delinquency cases.
The appellate opinion: sound with gaps — The opinion follows the required Wende/Anders procedure, identifies the issues counsel flagged, states that the record was independently reviewed, and affirms, which is a defensible and routine result. It does not, however, cite authority applying Wende to delinquency appeals or offer any analysis of the five identified issues, so the reader cannot verify the sufficiency conclusion on the section 496d count or the evidentiary ruling.
How this analysis was made · dispute it
record incompleteOpinion
Filed 8/26/24 In re J.F. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS 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.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re J.F., a Person Coming Under the Juvenile Court Law. D082913 THE PEOPLE, Plaintiff and Respondent, (Super. Ct. No. J243407)
v. J.F., Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Rohanee Zapanta, Judge. Affirmed. Michaela Dalton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
J.F. appeals from the juvenile court’s judgment entered after jurisdictional and dispositional orders sustaining allegations of robbery and receiving stolen property, declaring J.F. a ward of the court, and committing him to juvenile detention for a period not to exceed 250 days. His court- appointed counsel filed a brief raising no issues but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We informed J.F. of his right to file a supplemental brief, but he did not respond. Based on our independent review of the record, we find no reasonably arguable appellate issues and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In May 2023, the victim of the robbery, G.V., was outside a T-Mobile store with another friend, when a group of six other minors approached him and eventually stole his skateboard and a speaker. J.F. was identified as one of the perpetrators. G.V. testified that he and the friend were hanging out, when the six other minors, some of whom G.V. recognized from school, approached them. G.V. said the six kids were initially friendly, but that when G.V.’s friend left, they became aggressive and went through G.V.’s pockets. They eventually took G.V.’s skateboard and a speaker that they found in a bag he was carrying. Security cameras from a nearby Starbucks captured the incident on video and G.V. was interviewed by police investigators shortly after. During the interview, G.V. told police that J.F. put his hands in G.V.’s pockets to look for valuable items. J.F. was charged with robbery for his role in the incident. Several months after the robbery, J.F.’s mother called 9-1-1 to report that J.F. had stolen her car. She told police that she had given J.F. her car keys so he could get something out of her car. She then fell asleep, and when she woke up, J.F. and the car were missing, so she called the police. J.F. eventually returned home, and his mother found him passed out in the car with alcohol containers inside.
2 J.F. was taken into custody shortly after this incident and the district attorney filed a wardship petition pursuant to Welfare and Institutions Code section 602, alleging one count of robbery related to the earlier incident (Pen. Code, § 211) and one count of receiving stolen property related to taking his mother’s car (Id., § 496d.) At the detention hearing, the court arraigned J.F. and he denied both charges. At the jurisdictional hearing, the juvenile court heard testimony from G.V., J.F.’s mother, a school official who helped identify J.F. as one of the six who perpetrated the robbery, and the investigating police officer. During his direct examination, G.V. initially stated he could not recall anything about the robbery. The prosecutor then impeached G.V. with the video showing the incident and G.V.’s interview with the investigating officer, during which he identified J.F. as the person who went into his pockets. Based on the evidence presented at the jurisdictional hearing, the juvenile court found the allegations in the petition true as to both counts and continued the proceedings for a dispositional hearing. At the hearing, the probation department recommended J.F. be committed to Urban Camp for no more than 250 days. The People requested that J.F. be committed to the HOPE program for a minimum of 365 days. At the conclusion of the hearing, the court declared J.F. a ward of the court and adopted the recommendation of the probation department to commit J.F. to Urban Camp for a period not to exceed 250 days. J.F. timely appealed. DISCUSSION J.F.’s appellate counsel filed a brief pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738. Counsel included a statement of the case and facts but argued no grounds for reversal of the judgment. J.F.’s appellate counsel asked this court to independently review the record for 3 error. Pursuant to Anders, counsel identified several issues to assist the court: (1) Whether trial counsel was ineffective for failing to renew an objection to the testimony of a witness the prosecution did not name until the day the jurisdictional hearing was set to begin; (2) whether G.V.’s statements to police were improperly admitted as impeachment evidence; (3) whether sufficient evidence supported the true finding that J.F. received stolen property; (4) whether sufficient evidence supported the true finding that J.F. committed robbery; and (5) whether the juvenile court abused its discretion adjudging J.F. a ward of the court and committing him to Urban Camp 250. We reviewed the entire record as required by Wende and Anders. We have found no arguable issues for reversal on appeal. Competent counsel represented J.F. both at trial and on appeal. DISPOSITION The judgment is affirmed.
McCONNELL, P. J.
WE CONCUR:
O'ROURKE, J.
KELETY, J.
Cites, in this corpus
- People v. Wende Crim. 20851 · 1979-10-12