In re Daniel N.
Filed 6/8/06 In re Daniel N. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| In re DANIEL N., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. DANIEL N., Defendant and Appellant. | E038294 (Super.Ct.No. RIJ101475) OPINION |
APPEAL from the Superior Court of Riverside County. H. Dennis Myers, Judge. Affirmed as modified.
Laurel Nelson Smith, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, James D. Dutton and Jeffrey J. Koch, Supervising Deputy Attorneys General, for Plaintiff and Respondent.
Minor admitted that he had violated the terms of his court-ordered placement by leaving the placement without permission as alleged in a Welfare and Institutions Code section 777 petition.[1] Subsequently, following a contested jurisdictional hearing, the juvenile court found true that minor committed an assault with a deadly weapon or by means likely to result in great bodily injury (Pen. Code, § 245, subd. (a)(1)) and the enhancement allegation that he inflicted great bodily injury (Pen. Code, § 1192.7, subd. (c)(8)) as alleged in a section 602 petition. Minor was committed to the California Youth Authority (CYA) for a maximum confinement period of 8 years 4 months, less credit for time served of 8 months 16 days, for a total of 7 years 7 months 14 days. On appeal, minor contends (1) there was insufficient evidence to support the juvenile court's true finding that he had inflicted great bodily injury; (2) the juvenile court abused its discretion in committing him to CYA; and (3) his maximum aggregate confinement time should be modified. We agree that minor's maximum term of confinement should be corrected but reject minor's remaining contentions.
I
FACTUAL AND PROCEDURAL BACKGROUND
Minor was first declared a ward of the court in May 2001 when he was 13 years old after he admitted to committing a burglary (Pen. Code, § 459). In return, the remaining allegations of vandalism (Pen. Code, § 594, subd. (b)(2)(A)) and disturbing the peace (Pen. Code, § 415) were dismissed subject to comment and restitution. Minor was thereafter placed on probation on various terms and conditions and returned to his mother's home after serving 18 days in juvenile hall.
On September 10, 2001, minor stole a bicycle from a student at Hemet High School. On December 3, 2001, a subsequent section 602 petition was filed alleging that minor committed petty theft, a misdemeanor, in violation of Penal Code section 488. On January 23, 2002, minor admitted the allegation.
In or around October 2001, minor was expelled from school for fighting. He was then referred to the Hemet Educational Learning Program (HELP). However, he was expelled from HELP in November 2001 for failing to attend and was then referred to Hemet Community School. As of February 2002, minor had not enrolled in any school.
A warrant for minor's arrest was issued on February 14, 2002, when he failed to appear for the dispositional hearing. Minor was eventually taken into custody on April 11, 2002.
On April 14, 2002, minor was continued as a ward and placed on probation on various terms and conditions, including serving 37 days in juvenile hall.
On or about February 27, 2003, a section 777 petition was filed alleging that minor had violated the terms and conditions of his probation by failing to attend school, being suspended from school for fighting and excessive absences, and failing to attend anger management counseling as directed by the court.
On April 8, 2003, minor admitted the allegations in the section 777 petition. He was continued a ward of the court and placed on probation on various terms and conditions as previously ordered and mandated to serve 21 days in juvenile hall.
On September 29 and 30, 2003, minor participated in fights with a group of Black and Hispanic males in front of a Circle K in Hemet. On September 29, 10 Black males (both adult and juveniles) and two Hispanic males (including minor) approached two White male victims in front of the Circle K and began hitting them, accusing them of being â€
