In re Kelvin J.

Filed 5/18/06  In re Kelvin J. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            APPEAL from the Superior Court of San Bernardino County.  Douglas N. Gericke, Judge.  Affirmed.

            Mark S. Devore, 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, Barry Carlton, Supervising Deputy Attorney General, and Stephanie H. Chow, Deputy Attorney General, for Plaintiff and Respondent.

            Appellant Kelvin J. (appellant), who is now 18 years old, was declared a ward of the court pursuant to Welfare and Institutions Code section 602^[1] after admitting that he possessed a firearm in a school zone (Pen. Code, § 626.9, subd. (b)).^[2]  After a contested dispositional hearing, the juvenile court committed appellant to the California Youth Authority (CYA) for a maximum of three years eight months.  Appellant's sole contention on appeal is that the juvenile court abused its discretion in committing him to CYA.  We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

            1.            Previous Offense

            On November 9, 2004, a security officer was standing on school property when he observed several males, including appellant, fighting on the lawn.  Appellant threw a few punches, stepped back, and then produced a chrome handgun.  Appellant was arrested.  A section 602 petition was sustained against him after he admitted to possession of a concealable firearm (Pen. Code, § 12101, subd. (a)(1)).  Appellant was placed at Camp Heart Bar for three months and successfully graduated from the program. 

            2.            Current Offense

            On May 14, 2005, the police were patrolling an area known for gang activity when they observed appellant holding a semiautomatic handgun.  When appellant saw the police, he placed the handgun in a backpack and hid behind a parked car.  The police stopped their patrol car and ordered appellant to come out from behind the car.  He complied and the police arrested him.  The gun in the backpack had one live round in the chamber and 14 rounds in the magazine. 

ANALYSIS

The Juvenile Court Properly Committed Appellant to CYA

            Appellant contends that the juvenile court abused its discretion in committing him to CYA because its decision was based on only one factor--public safety.  Appellant further argues that the court improperly considered â€