In re Steven R.
Filed 6/12/06 In re Steven R. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| In re STEVEN R., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. STEVEN R., Defendant and Appellant. | G035679 (Super. Ct. No. DL013216) O P I N I O N |
Appeal from an order of the Superior Court of Orange County, Richard E. Behn, Judge. Reversed in part and remanded.
Carl M. Hancock, 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, Assistant Attorney General, Erika Hiramatsu and Robert M. Foster, Deputy Attorneys General, for Plaintiff and Respondent.
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Steven R., a minor, appeals from an order committing him to Juvenile Justice, the Department of Corrections and Rehabilitation (youth authority). (Gov. Code, §§ 12838, 12838.5.) He contends this was an abuse of discretion because the evidence showed he would not present an unreasonable risk of reoffending if allowed to continue local treatment. We find no abuse of discretion and affirm the commitment order.
After briefing was completed, we granted the minor's request for permission to file a supplemental brief raising the sole issue that the record fails to show the juvenile court was aware of its discretion to impose a maximum period of confinement less than the maximum possible term he would have faced as an adult. The Attorney General agrees the court erred, as do we. The case is remanded to allow the juvenile court to exercise its discretion on this issue.
FACTS
In October and November 2002, the minor rented limousines on three occasions and tried to pay for them with invalid credit cards, then promised to pay but never did. Two petitions were filed charging him with petty theft. Later in November, the minor threatened the life of one of his neighbors for which a third petition was filed. The court ordered the minor to serve 9 days in a youth facility and complete 20 days of community service.
Between January 2003 and March 2003, the minor failed to perform any of the 20 days of community service and missed 55 out of 57 days of school, resulting in petitions 4 and 5. In late March, the minor tricked an eBay buyer into giving him his credit card number, then used that number to rent a limousine and charge $400 in restaurant and other expenses. He was charged with fraudulent use of a credit card and receiving stolen property (petition 6). The court ordered the minor to complete the Hope Institute Program or serve 180 days in custody.
In June 2003, the minor wrote checks in his grandfather's name to purchase department store gift cards. A notice of probation violation (petition 7) was issued. The minor also used checks on a closed account to purchase merchandise at a beauty store, which led to an eighth petition alleging two counts of second degree burglary and two counts of possessing a fictitious instrument. The court found the minor had violated probation and detained him pending the hearings on petitions 6 through 8.
At the dispositional hearing on petition 6, the court found â€
