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In re Nicholas

In re Nicholas
06:13:2006

In re Nicholas


In re Nicholas


 


 


Filed 5/26/06  In re Nicholas C. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 NICHOLAS C., a Person Coming Under the Juvenile Court Law.


THE PEOPLE,


            Plaintiff and Respondent,


v.


NICHOLAS C.,


            Defendant and Appellant.



            E038408


            (Super.Ct.No. J183393)


            OPINION



            APPEAL from the Superior Court of San Bernardino County.  Ronald M. Christianson, Judge.  Affirmed.


            Gerald Peters, 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, Rhonda Cartwright-Ladendorf, Supervising Deputy Attorney General, and Raymond M. Diguiseppe, Deputy Attorney General, for Plaintiff and Respondent.


INTRODUCTION


            Alleging abuse of discretion and judicial error, appellant Nicholas C.[1] (appellant) appeals his four year eight month commitment to the California Youth Authority (CYA).  We find no error and will affirm.


FACTS AND PROCEDURAL HISTORY


            The facts in this case are complex.  In the interest of narrative clarity, we will first review appellant's placement history, then his mental health history, and finally the most recent reports and dispositional hearing results.


            Appellant was born in October 1988 and has exhibited behavioral problems from an early age.  His mother reported that he fought with peers in school from the time he was three or four; at five, he killed his pet bird in a fit of anger; in elementary school, he got in a fight almost every day; and at 12, he began using marijuana regularly.  Also at 12, his parents voluntarily placed him in a mental health group home, the Oak Grove Institute.  When he was in the sixth grade, he was placed in special education classes, where he has remained.


Placement History:


            Oak Grove:


            Appellant was at this facility for about a year, qualifying for services as a â€





Description A decision regarding commitment to the California Youth Authority (CYA), for second degree robbery and assault by means likely to produce great bodily injury.
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