In re Steven M.
Filed 6/14/06 In re Steven M. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 STEVEN M., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. STEVEN M., Defendant and Appellant. | A112252 (Contra Costa County Super. Ct. No. J02-02495) |
The minor appeals from the juvenile court's dispositional order ordering him committed to the California Youth Authority (CYA) after he admitted violating the terms of his probation. He argues that the juvenile court abused its discretion in committing him to CYA because there was not substantial evidence that he would benefit from such a commitment. We disagree and affirm.
I. Factual and Procedural Background
The minor was first declared a ward of the court on May 17, 1999, when he was 11 years old, after he admitted a charge of sexual battery (Pen. Code, § 243.4, subd. (a)) in connection with a sexual encounter with an eight-year-old neighbor. (Welf. & Inst. Code, § 602.) The minor was placed on probation.[1]
The minor was first placed at the E. Ross Clark group home in Stockton on June 30, 1999, but his placement was terminated twice because of behavioral issues, including hitting other residents. He was returned for a third time to E. Ross Clark on February 7, 2000, but was soon accused of hitting two staff members and other residents. A petition was filed charging the minor with two misdemeanor counts of battery. (Pen. Code, § 242.) The minor pleaded no contest to the charges.
The minor was accused of violating the terms of his probation by running away from E. Ross Clark on April 29, 2000. (Welf. & Inst. Code, § 777, subd. (a)(2).) The juvenile court dismissed the probation violation petition but continued wardship. The minor was placed at Milhous Treatment Center in Sacramento on August 7, 2000.
The probation department reported in September 2000 that problems began soon after the minor entered Milhous, as he was accused of striking staff members, breaking two doors by kicking them, and tearing off several cabinet doors. On October 5, 2000, the minor admitted one vandalism allegation, and wardship was continued. The minor successfully completed the program at Milhous on April 30, 2001. He was then placed again at E. Ross Clark. The probation department reported that the minor â€
