In re Jonathan B.
Filed 8/4/06 In re Jonathan B. CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE
| In re JONATHAN B., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. JONATHAN B., Defendant and Appellant. | A112255 (Contra Costa County Super. Ct. No. J97-00853) |
Following a contested jurisdictional hearing, the juvenile court continued Jonathan B. as a ward of the court and committed him to the California Youth Authority (CYA) for two years and imposed probation conditions.
Jonathan objects to his commitment to CYA and imposition of probation conditions. Under the applicable standards for review, we find that the commitment to CYA was proper, but the probation conditions must be stricken.
STATEMENT OF FACTS AND PROCDURAL HISTORY
In July 2003, a petition was filed under Welfare and Institutions Code section 602, alleging that Jonathan, then age 14, had unlawfully possessed Ritalin (Health & Saf. Code, § 11377, subd. (a)) and that he had committed misdemeanor child molestation (Pen. Code, § 647.6, subd. (a)). He was placed on six months' informal probation and released to his foster parents' custody. In December 2003, he ran away from his foster parents' home after stealing their ATM card and withdrawing $900 in cash. Around this time, he was arrested for removing money from a cash register at a pizza restaurant and was arrested again after he was involved in an accident while driving a stolen vehicle.
In January 2004, Jonathan's informal probation was terminated and the original petition was reinstated. An amended petition was filed, adding additional allegations of receiving stolen property (Pen. Code, § 496, subd. (a)), petty theft (Pen. Code, § 484), second degree burglary (Pen. Code, § 459), and misdemeanor assault (Pen. Code, § 240). He admitted to possession of Ritalin, misdemeanor second degree burglary, and misdemeanor assault.
In March 2004, the court sustained an additional count of felony auto theft (Veh. Code, § 10851, subd. (a)).
During 2004, Jonathan ran away or was removed from a series of placements. He was placed at Aaron's Boys Home in April 12, 2004. He ran away the next day and was arrested shortly thereafter while driving a stolen vehicle. In court, Jonathan admitted to auto theft (Veh. Code, § 10851, subd. (a)). He was placed at Walden House in May 2004 but ran away the next day. In July 2004, he was placed at the Wilderness Recovery program. Less than two weeks later, he stole a van from the program and was subsequently arrested in Concord. In August 2004, he was placed at Fouts Springs Ranch facility. Shortly thereafter, he was removed for refusing to follow the program rules. In October 2004, he was placed at the New Horizons program but he ran away a few days later.
In January 2005, Jonathan was placed at the Trinity Yucaipa program. Two months later, he failed to return from a home pass. He was arrested and charged with auto theft in April 2005 (Veh. Code, § 10851, subd. (a)). The juvenile court sustained the new count for auto theft in May 2005. The court committed him to CYA, suspending the commitment in favor of a placement in a ranch facility. In July 2005, he was placed in the Lodgemakers program in Southern California. He ran away shortly thereafter and was subsequently charged with auto theft (Veh. Code, § 10851, subd. (a)), evading a peace officer (Veh. Code, § 2800.2, subd. (a)), and resisting a peace officer (Pen. Code, § 148, subd. (a)(1)). The auto theft charge was sustained and the other two charges were dismissed. In August 2005, he was diagnosed as having bipolar disorder and was prescribed Lithium. In October 2005, the probation department reported that Jonathan had been rejected from four prospective placements due to the danger he posed to the community, his lack of impulse control, and continued criminality. The juvenile court ordered him committed to CYA. This appeal followed.
DISCUSSION
I. Commitment to CYA
Our review of the trial court's placement of Jonathan is guided by established standards. â€
