In re Richard M
Filed 5/5/06 In re Richard M. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
In re RICHARD M., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. RICHARD M., Defendant and Appellant. | E038371 (Super.Ct.No. J193217) OPINION |
APPEAL from the Superior Court of San Bernardino County. Douglas N. Gericke, Judge. Affirmed.
Dennis L. Cava, 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, Peter Quon, Supervising Deputy Attorney General, and Pat Zaharopoulos, Deputy Attorney General, for Plaintiff and Respondent.
Minor and appellant Richard M. (minor) admitted to committing grand theft on a person. (Pen. Code, § 487, subd. (c).) The court ordered that minor be removed from his mother's home. It ordered that minor be placed in suitable foster care and participate in a treatment plan. On appeal, minor claims that the juvenile court erred (1) in refusing to order the probation department not to place him at Foust Springs, an out-of-county facility; and (2) in failing to specify minor's maximum period of confinement. For the reasons set forth below, we shall affirm the disposition of the juvenile court.
I
FACTUAL AND PROCEDURAL HISTORY
On August 13, 2001, minor was declared a ward of the court after a misdemeanor battery on school property. He completed probation and was discharged.
On March 24, 2004, minor became a ward for a second time because of a misdemeanor assault with a deadly weapon. He had been involved in a fight outside of a bar; he brandished an ax and threatened the victims. He was placed on probation, in his mother's care, with conditions that included attending school, and completing anger management and drug/alcohol programs. He violated probation by failing to attend school and smoking marijuana. He served 10 days in custody and was continued in his mother's care.
On February 24, 2005, minor was placed under intensive supervision with the Success program, following a sustained allegation of assault with a deadly weapon as a felony. After an argument with a neighbor, he hit the neighbor with a stick causing bruising to the neighbor. At that time, he was maintaining a â€