In re Adam V
Filed 4/4/06 In re Adam V. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| In re ADAM V., a Person Coming Under the Juvenile Court Law.
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| THE PEOPLE, Plaintiff and Respondent, v. ADAM V., Defendant and Appellant.
| G035332 (Super. Ct. No. DL012161) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Gregory
W. Jones, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed in part and remanded.
Cheryl Edwards Tannenberg, 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, Robert M. Foster and Jeffrey J. Koch, Deputy Attorneys General, for Plaintiff and Respondent.
Adam V. challenges the juvenile court's disposition order committing him to the California Youth Authority (CYA) for a maximum term of seven years. He contends the court erred both in committing him to the CYA and setting his maximum term. We uphold Adam's commitment to the CYA. However, as the Attorney General concedes, the juvenile court failed to exercise its discretion in determining Adam's maximum term. Accordingly, we will remand the matter for that purpose. In all other respects, we affirm.
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On June 28, 2002, Adam was charged with resisting arrest. At the time, he was 16 years old and on probation for vehicle vandalism. He admitted the allegation, saying he fled from the police on his bicycle after an officer tried to stop him for a safety violation. Although the incident was relatively minor, the probation report warned that Adam had all the risk factors for future criminal behavior: (1) his home life was unstable; (2) he lacked parental control; (3) he used marijuana and drank alcohol; (4) he was doing poorly in school; and (5) he was suspected of gang involvement. The court placed Adam on informal probation, the terms of which included community service and counseling.
On January 13, 2003, the court terminated Adam's probation. A month later, however, he was charged with three counts of assault with a deadly weapon. In admitting the charges, Adam conceded that in November 2002, he shot at the victims with a BB or pellet gun. Adam was looking at a maximum term of four years and eight months in custody, but the court placed him on probation. In so doing, the court told him, â€
