In re D.M. CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. J232712
- Trial judge
- Aaron H. Katz
- Outcome
- affirmed — Affirmed.
- Area
- delinquency
- Panel
- Judith L. Haller (author), Alex C. McDonald, Joan K. Irion
Analysis
The juvenile court denied Minor's motion to seal the records of a previously dismissed petition (G3257) under Welfare and Institutions Code section 786. The Court of Appeal affirmed the denial after conducting an independent review of the record pursuant to People v. Wende, finding no reasonably arguable issues for reversal.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Denial of motion to seal records for petition G3257“We find the court properly denied Minor's request to seal records pertaining to G3257, and we have not found any other reasonably arguable appellate issues.” | de novo | correct | agree with court The court applied the standard of review for a Wende appeal, which requires an independent examination of the record to determine if there are any reasonably arguable issues. The court concluded that the trial court's denial was proper and that no other errors existed. This is the standard procedure for appeals where appointed counsel finds no arguable issues. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appellate counsel to identify any reasonably arguable issues and the court to independently review the record if none are found.
- relied: Anders v. California (1967) 368 U.S. 738 — Establishes the procedure for appointed counsel to withdraw from an appeal where no arguable issues exist, requiring a brief identifying potential issues and a court review.
The appellate opinion: sound with gaps — The opinion is procedurally sound as it follows the established Wende/Anders protocol for reviewing appeals where no arguable issues are identified. However, it provides no substantive legal analysis regarding the specific statutory criteria for sealing records under Welfare and Institutions Code section 786, relying solely on the conclusion that the denial was proper without explaining why.
How this analysis was made · dispute it
unusual dispositionThe juvenile court dismissed D.M.'s 2014 petition (G6786) after he satisfactorily completed probation and sealed those records under Welfare and Institutions Code section 786, but denied his motion to seal the records of an earlier 2013 petition (G3257) that had been dismissed in 2013 conditioned on payment of restitution. On appeal, appointed counsel filed a Wende/Anders brief identifying the section 786 denial as a possible but not arguable issue, and the Court of Appeal, after independently reviewing the record, found no arguable issue and affirmed.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Denial of Minor's motion under Welfare and Institutions Code section 786 to seal the records pertaining to the 2013 petition G3257“We find the court properly denied Minor's request to seal records pertaining to G3257, and we have not found any other reasonably arguable appellate issues.” | unclear | correct | unsure The opinion states the conclusion that the denial was proper but gives no analysis of section 786's text or of why a petition dismissed in 2013 on condition of restitution fell outside the sealing provision, and it omits all facts. The result is plausible because the version of section 786 then in effect tied sealing to the petition on which the ward satisfactorily completed probation, and G3257 was not such a petition, but the opinion itself supplies no reasoning or authority to confirm this, so I cannot verify it from the opinion alone. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed appellate counsel finds no arguable issues, the reviewing court must independently review the entire record for error.
- 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, accompanied by a brief referring to anything in the record that might arguably support the appeal; the opinion twice miscites the volume as 368 U.S. 738.
The appellate opinion: sound with gaps — The court followed the Wende/Anders procedure, invited a supplemental brief from the minor, reviewed the record, and affirmed, which is a defensible disposition. It gives no explanation of why section 786 did not authorize sealing of the earlier dismissed petition, does not address whether Wende review was even required for an appeal from a post-wardship order denying a sealing motion, and contains a typographical miscitation of Anders.
Opinion
Filed 4/25/16 In re D.M. 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 D.M., a Person Coming Under the Juvenile Court Law. D068970 THE PEOPLE, Plaintiff and Respondent, (Super. Ct. No. J232712)
v. D.M., Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Aaron H.
Katz, Judge. Affirmed.
James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.
In 2013 and 2014, D.M. (Minor) had multiple petitions filed against him alleging offenses for unrelated incidents. One 2013 petition (G3257) alleged that he had violated Penal Code sections 243.6 and 243.2, subd. (a)(1). The petition was soon dismissed, conditioned on Minor's payment of restitution.
In May 2014, while still on probation for a prior offense, a new petition (G6786)
was filed against Minor relating to a residential burglary. He admitted to attempted burglary of an inhabited dwelling (Pen. Code, §§ 459, 460, 664, 667.5, subd. (c)(21));
was continued a ward of the juvenile court; and placed on probation. In 2015, the court found that Minor had satisfactorily completed the terms of his probation for the offense alleged in G6786, dismissed the petition, and sealed all records pertaining to it. Under Welfare and Institutions Code section 786, he also moved to seal the records relating to G3257, which the court denied. Minor filed a notice of appeal from the order denying his motion to seal the records of petition G3257.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 368 U.S. 738 (Anders) raising a possible, but not arguable issue. Counsel asks this court to review the record for error as mandated by Wende. We offered Minor the opportunity to file his own brief on appeal, but he has not responded.1
DISCUSSION
As we have noted, appellate counsel has not identified any reasonably arguable issues for reversal on appeal. Pursuant to Wende, supra, 25 Cal.3d 436, we have engaged in a review of the record for error. Pursuant to Anders, supra, 386 U.S. 738, appellate 1 The facts of the underlying offenses are not relevant to the analysis of possible error based on this record. Therefore, we omit the traditional statement of facts. 2 counsel has identified the following possible, but not arguable issue to assist our review of the record: "Did the juvenile court err in denying [Minor's] motion to seal petition [G3257]? . . . (Welf. & Inst. Code, § 786.)"
We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, supra, 368 U.S. 738, including the issue suggested by counsel.
We find the court properly denied Minor's request to seal records pertaining to G3257, and we have not found any other reasonably arguable appellate issues.
Competent counsel has represented Minor in this appeal.
DISPOSITION
The order denying Minor's motion to seal the records pertaining to petition G3257 is affirmed.
HALLER, Acting P. J.
WE CONCUR:
McDONALD, J.
IRION, J.
Cites, in this corpus
- People v. Wende Crim. 20851 · 1979-10-12