In re Jonathan F.
Filed 8/8/06 In re Jonathan F. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 JONATHAN F., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. JONATHAN F., Defendant and Appellant. | E039145 (Super. Ct. No. J200174) OPINION |
APPEAL from the Superior Court of San Bernardino County. Douglas N. Gericke, Judge. Affirmed.
Harry Zimmerman, 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, Barry Carlton, Supervising Deputy Attorney General, and Raymond M. Diguiseppe, Deputy Attorney General, for Plaintiff and Respondent.
FACTS
Defendant and appellant Jonathan F. (minor) was initially declared a ward of the court pursuant to Welfare and Institutions Code section 602[1] after admitting that he committed vandalism that caused over $400 worth of damage. (Pen. Code, § 594, subd. (b)(1).) Pursuant to a subsequent section 602 petition, minor admitted the offense of second degree robbery. (Pen. Code, § 211.) After a contested dispositional hearing, the juvenile court committed minor to the California Youth Authority (CYA) for three years eight months. Minor's sole contention on appeal is that the juvenile court abused its discretion in committing him to CYA. We affirm the judgment.
DISCUSSION
The Miranda Issue
On March 1, 2005, the district attorney's office filed a section 602 petition against minor, alleging that he committed vandalism causing $400 worth of damage, in violation of Penal Code section 594, subdivision (b)(1). Minor was 15 years old at the time. The petition specifically alleged that minor got into an argument with his mother concerning a cell phone. He cursed at his mother and threatened to kill her husband. After she told him she was going to call the police, minor took a piece of lumber and broke the windows on her car. He then raised the board over his head and threw it at her, causing a small cut on her hand.
Minor voluntarily admitted the vandalism allegation. The court found that minor came within section 602 and found true the allegation. Minor also admitted to the probation officer that he belonged to the same gang that his older brother belonged to. His older brother is currently in CYA. Minor said he drank alcohol weekly and smoked marijuana occasionally. Minor admitted he had a bad temper and said that when he got angry, he lost control of himself. Consequently, he frequently got into fights. He estimated that he had been in 200 – 300 fistfights. He was currently not attending school because he was expelled for fighting.
On March 16, 2005, the court declared minor a ward and placed him in his mother's custody on the Success probation program. While on probation, minor performed well. Minor was required to attend victim awareness and anger management classes but was dropped from them because he missed the first meeting.
Second Petition
On July 6, 2005, the district attorney's office filed the current section 602 petition against minor. This petition alleged that minor committed six counts of second degree robbery (Pen. Code, §§ 459 & 211, counts 1, 2, 4, 6, 8, 10), and five counts of assault with a firearm. (Pen. Code, § 245, subd. (a)(2), counts 3, 5, 7, 9, 11.) Specifically, the petition alleged that minor and two cohorts went into a local bar with a handgun and robbed the bartender and several customers. During the robbery, one of the suspects hit a customer over the head with a billiard cue stick.
At the detention hearing, the court placed minor in the care of the probation department and detained him in juvenile hall.
On September 6, 2005, the court found that minor came within section 602. Minor voluntarily admitted, and the court found true, the allegation of one count of second degree robbery (count 2). Pursuant to the prosecutor's request, the court dismissed the rest of the charges. The court set a dispositional hearing for September 20, 2005.
The probation officer prepared a report for the hearing. She interviewed the bartender, who said that the three suspects entered the bar wearing masks. One of the suspects approached the bartender, brandishing a handgun. He demanded money, so she gave him $700 from the cash register and $500 of her own money. The three suspects also took wallets and other property from the bar patrons.
The probation officer interviewed minor about the incident. Minor said that he participated in the robbery because Darleen Boyd, his â€
