In re Karisha B

Filed 2/24/06 In re Karisha B. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from the Superior Court of Riverside County. Martin H. Swanson, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.

Cristina Gabrielidis, 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, Robert M. Foster and Jeffrey J. Koch, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

Pursuant to a plea agreement, minor pleaded guilty to one count of robbery (Pen. Code, § 211); in exchange, the remaining allegations of a second count of robbery, vehicle theft (Veh. Code, § 10851, subd. (a)), receiving stolen property (Pen. Code, § 496d, subd. (a)), and fleeing the scene of an accident (Veh. Code, § 20001, subd. (a)), and the enhancement allegation of armed with a firearm in the commission of the robberies (Pen. Code, § 12022, subd. (a)(1)), were dismissed. Minor was thereafter declared a ward of the court and placed in the California Youth Authority (CYA) for a maximum confinement period of five years. Minor's sole contention on appeal is that the juvenile court abused its discretion in committing her to CYA. We find no abuse and will affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND^[1]

On September 10, 2004, after the then 14-year-old minor was released from a Las Vegas juvenile hall, she went to see her boyfriend, Nathan A., who was under house arrest. She urged Nathan to cut off his house arrest monitor and leave with her. Minor and Nathan then stole a car in Las Vegas and drove it to California, where they switched license plates.

The couple eventually arrived in San Bernardino County and picked up Nathan's friend, Dale M. Dale told them he had a gun and showed them an unloaded pistol. Minor, Nathan, and Dale drove to Moreno Valley in the stolen car and went to the apartment of U.J, a juvenile. Minor, Nathan, and Dale planned to rob the first vulnerable victim they saw as they drove around Moreno Valley. They eventually saw Clint Morrow, and Nathan pointed Dale's gun at him while minor searched his pockets for money. Minor took a pack of cigarettes from Morrow, two 24-ounce beer cans from his hands, and a cigar from behind his ears.

At some point, the trio returned to U.J.'s apartment and decided that they needed things of more value. They left the apartment and began following an ice cream truck. When the truck stopped, Dale pointed the gun at the driver and demanded money. The driver gave Dale $5.00. Dale then returned to the stolen car, where the trio decided they needed more money.

Nathan, minor, and Dale spotted an ice cream vendor pushing a cart and selected him as their next target. They followed the ice cream vendor until he pushed his cart to an area where minor and her coparticipants believed no witnesses would be present. Dale got out of the car and demanded money from the ice cream vendor at gunpoint. The vendor was hesitant, and Dale struck him in the face. Minor and Nathan stayed in the car and laughed as they watched the robbery. Dale robbed the ice cream vendor of $10.00.

The trio then sped away from the scene, but Nathan was driving too fast and lost control of the vehicle while turning a corner. The car crashed, and minor, Nathan, and Dale ran off in separate directions. Eventually, they met at U.J.'s apartment, where U.J. told them to go into the back room. Witnesses to the car crash told the police where the trio had gone, and officers went to U.J.'s apartment. When U.J. heard the officers outside her apartment, she told minor, Nathan, and Dale to keep quiet and that she would see what was going on. Thereafter, the police entered the apartment, located minor and her coparticipants, and arrested them.

On September 14, 2004, a Welfare and Institutions Code section 602^[2] petition was filed charging minor with two counts of robbery (Pen. Code, § 211) (paragraphs 1 and 2) while she and/or a principal was armed with a firearm (Pen. Code, § 12022, subd. (a)(1)); one count of vehicle theft (Veh. Code, § 10851, subd. (a)) (paragraph 3); one count of receiving stolen property (Pen. Code, § 496d, subd. (a)) (paragraph 4); and one count of fleeing a scene of an accident (Veh. Code, § 20001, subd. (a)) (paragraph 5).

On November 11, 2004, minor admitted the robbery allegation in paragraph 1. The juvenile court then dismissed the remaining charges and enhancement allegations subject to comment and restitution. The matter was referred to the probation department for a dispositional report and recommendation.

In a probation report filed November 10, 2004, the probation officer noted that the matter was brought before the juvenile screening committee, which recommended that minor be psychologically evaluated in that she may have a developmental disorder. The probation officer therefore recommended that the matter be continued for 30 days.

On November 16, 2004, the juvenile court ordered a psychological evaluation for minor and ordered her to cooperate with her evaluation. Per the probation officer's request, the court also ordered minor's school in Las Vegas to provide the probation officer with minor's school records.

In a probation report filed December 13, 2004, the probation officer noted that minor was involved in a physical altercation in Las Vegas, and minor admitted that it was gang related. The officer also noted that minor had negative peers and was a â€