In re Vincent V.

Filed 5/15/06  In re Vincent V. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THE COURT^*

            APPEAL from a judgment of the Superior Court of Kern County.  H. A. Staley, Judge.

            Julia L. Bancroft, 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, Stephen G. Herndon and Peter W. Thompson, Deputy Attorneys General, for Plaintiff and Respondent.

Procedural AND FACTUAL Histories

            After a contested jurisdictional hearing, the juvenile court found that appellant, Vincent V., a minor, had committed two counts of making terrorist threats (Pen. Code, §  422) and one count of violating his probation.  (Welf. & Inst. Code, §  777, subd.  (a)(2).)  At the dispositional hearing, the juvenile court ordered that appellant be committed to the Kern Crossroads facility, with a maximum period of confinement of six years and eight months, less credit for time served. 

            The offenses occurred on May  7, 2005, when appellant met Mario Rodriguez and his wife, Griselda, at a local Wal-Mart store.  Appellant was on a supervised outing from his group home.  Rodriguez, a part-time counselor at Camp Erwin Owen juvenile facility, and his wife were looking at watches.  Appellant, who was with a group of young people, approached Rodriguez and bumped him in the shoulder.  Rodriguez recognized appellant as a former Camp Owen resident who was possibly involved in gang activity and was a â€