In re Fernando S. CA5

INTRODUCTION

Fernando S., appellant, was charged June 26, 2012, in a petition filed pursuant to Welfare and Institutions Code section 602 with felony first degree burglary of a vehicle (Pen Code, § 459, subd. (a), count 1);1 felony receipt of stolen property (§ 496, subd. (b), count 2), and felony vandalism of property (§ 594, subd. (a), count 3). After a jurisdiction hearing on October 10, 2012, the juvenile court found the allegations to be true beyond a reasonable doubt but found that counts 2 and 3 were misdemeanors. At the disposition hearing on November 7, 2012, the juvenile court found that the maximum term appellant could be confined for the instant petition was one year four months. The maximum term appellant could be confined based on all previous offenses and the instant petition was five years ten months.2 The court awarded appellant custody credits of 401 days. The court dismissed appellant’s probation as unsatisfactory. Appellant was ordered to pay a restitution fine of $100 and victim restitution of $190. !(RT 352)! Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).3 Unless otherwise noted, all statutory references…