In re Gregory T.
Filed 4/28/06 In re Gregory T. CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FOUR
| In re GREGORY T., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. GREGORY T., Defendant and Appellant. | A110422 (Contra Costa County Super. Ct. No. J03-02218) |
Gregory T. appeals from a dispositional order committing him to the California Department of the Youth Authority (CYA).[1] He contends that: (1) The juvenile court abused its discretion in ordering a CYA commitment; (2) the court erred in denying his request for judicial notice of three reports commissioned by the CYA; and (3) the matter must be remanded to permit the court to exercise its discretion pursuant to Welfare and Institutions Code[2] section 731, subdivision (b) in setting the maximum term of confinement. We affirm.
I. FACTUAL BACKGROUND
On November 2, 2004, a section 602 petition was filed charging defendant with two counts of kidnapping during a carjacking, two counts of carjacking, and two counts of second degree burglary. (Pen. Code, §§ 209.5, 215, 211, 212.5, subd. (c).) The charges stemmed from an incident on October 30, 2004, in which defendant and three other boys approached two brothers, ages 16 and 12, as they were leaving the San Jose Oakridge Mall and asked them for a ride. They initially refused but defendant and the other boys persisted so they agreed to give them a ride.
Defendant and the three boys sat in the back seat of the BMW while the older brother drove and his brother sat in the front passenger seat. Out of fear, the older brother drove to various places in San Jose as directed. Eventually, he was directed to stop the car. The three boys exited from the car, but defendant remained in the back seat and began coughing. The older brother tried to call 911 on his cell phone, but defendant grabbed him around the neck and began â€
