In re Oswaldo R
Filed 4/19/06 In re Oswaldo R. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| In re OSWALDO R., a Person Coming Under The Juvenile Court Law. |
|
| THE PEOPLE, Plaintiff and Respondent, v. OSWALDO R., Defendant and Appellant. |
F049095
(Super. Ct. No. 03CEJ601280)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Timothy A. Kams, Judge.
Jackie Menaster, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Janis Shank McLean and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
On March 7, 2005, the court found that appellant, Oswaldo R., came within the meaning of Welfare and Institutions Code section 602 after he admitted allegations charging him with misdemeanor assault (Pen. Code, § 242) and resisting arrest (Pen. Code, § 148). On August 25, 2005, Oswaldo admitted allegations in a supplemental petition (Welf. & Inst. Code, § 777) that he violated his probation. On October 6, 2005, the court committed him to the Department of Corrections and Rehabilitation, Juvenile Justice (DCRJJ).[1] On appeal, Oswaldo contends the court abused its discretion when it committed him to the DCRJJ. We will affirm.
FACTS
On January 18, 2005, as Oswaldo and a friend were confronted outside a school in Fresno by several members of a rival tagging crew, another minor approached Oswaldo and told him to take the fight away from his car. After exchanging words with the minor, Oswaldo struck him with a bat causing a large bump, six inches long, on the minor's head. Police officers arrested Oswaldo after a short pursuit.
On January 20, 2005, the district attorney filed a petition charging Oswaldo with one count each of felony assault by means of force likely to cause great bodily injury and resisting arrest.
On March 7, 2005, Oswaldo admitted the above two counts in exchange for the prosecutor dismissing the sole wardship allegation in the petition and reducing the assault charge to a misdemeanor.
Oswaldo's probation report for the above petition indicated that on November 15, 2002, during class, Oswaldo struck another student in the back and face without any provocation. On July 23, 2003, he was ordered to complete six days in a juvenile court program.
In March 24, 2003, Oswaldo punched another student several times about his mouth and face. On September 3, 2003, he was ordered to complete another six days in a juvenile court program.
On August 20, 2004, Oswaldo and three friends confronted a male whom they believed implicated them in a graffiti case. After one of Oswaldo's friends threatened to â€
