In re Daniel K.
Filed 8/18/06 In re Daniel K. CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| In re DANIEL K., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. DANIEL K., Defendant and Appellant. |
F049825
(Super. Ct. No. JW106743-04)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman, II, Judge.
Thomas M. Singman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Kathleen A. McKenna and Lloyd G. Carter, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
INTRODUCTION
Appellant Daniel K., a minor, admitted criminal allegations in four separate juvenile petitions, and was committed to Camp Erwin Owen (CEO). After a notice of violation was filed, appellant admitted he failed to complete the program at CEO, and was placed at the Kern Crossroads Facility. On appeal, he challenges the adequacy of the court's findings as to the disposition and placement.
The First Petition
On August 7, 2004, Fresno County Sheriff's deputies responded to a vandalism report at a construction site. Douglas Coerper of Huntington Construction reported that a sliding glass window and tractor window were damaged with what appeared to be a BB gun. The deputies searched the area and contacted appellant's grandmother who reported that her grandson (appellant) admitted that he shot out the windows at the construction site. The grandmother further stated that appellant lived with his mother in Kern County, and provided contact information.
On September 30, 2004, the deputies spoke to appellant on the telephone. He admitted shooting the tractor window with a BB gun but denied causing any other damage.
On January 25, 2005, a petition was filed in the Superior Court of Fresno County alleging appellant (born in 1989) was a minor within the provisions of Welfare and Institutions Code[1] section 602 based on count I, misdemeanor vandalism (Pen. Code, § 594, subd. (a)).
On March 23, 2005, appellant admitted the allegation and the matter was transferred to Kern County, where he resided with his mother.
The Second Petition
On February 10, 2005, appellant's mother reported her car stolen. Kern County Sheriff's deputies contacted appellant and determined he had been driving his mother's car. Appellant displayed overt signs of being under the influence of an alcoholic beverage.
On April 1, 2005, a second petition was filed against appellant, this time in Kern County, which alleged count I, felony driving or taking a vehicle (Veh. Code, § 10851, subd. (a)); count II, driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a)); count III, driving with a blood/alcohol level of 0.08 or more (Veh. Code, § 23152, subd. (b)); and count IV, driving with a blood/alcohol level of 0.05 or more while under the age of 21 years (Veh. Code, § 23140, subd. (a)).
On April 8, 2005, an amended petition was filed which again alleged counts I through IV, and added count V, misdemeanor trespass (Pen. Code, § 602, subd. (l)); and count VI, misdemeanor vandalism. The amended petition's counts V and VI were based on an investigation by the sheriff's department, that on December 9, 2004, appellant was responsible for burning several bailing twines off a haystack, and breaking several Christmas light bulbs from a tree design, at James Station South Fork Market and Feed and Supply Store.
Dispositional Hearing
On May 3, 2005, the court addressed the first petition for misdemeanor vandalism, which had been transferred from Fresno County to Kern County. The court adjudged appellant a ward of the court, placed him on probation, ordered him to spend 64 hours in the Juvenile Court Work Program, and released him to his mother's custody. The possible confinement time for this count was one year.
Also on May 3, 2005, the court addressed the second petition, and reduced count I to misdemeanor driving or taking a vehicle. Thereafter, appellant admitted counts I and II, and the court granted the prosecutor's motion to dismiss counts III through VI without prejudice. The court continued the wardship and probation orders, and again released appellant to his mother's custody. The possible confinement time for counts I and II of the second petition was one year six months. The court revoked appellant's driver's license
The Third Petition
On the afternoon of April 20, 2005, Kern County Sheriff's deputies responded to a dispatch about subjects throwing rocks at moving vehicles. Based on their investigation, the deputies contacted appellant and his companion who admitted they threw rocks from a creek bed and caused cars to swerve.
On June 15, 2005, a third petition was filed against appellant, again in Kern County, alleging count I, throwing a substance capable of doing great bodily injury at a vehicle or occupant on a highway (Veh. Code, § 23110, subd. (b)); count II, assault with a deadly weapon, rocks (Pen. Code, § 245, subd. (a)(1)); and count III, misdemeanor vandalism.
The Fourth Petition
On May 25, 2005, appellant allegedly defaced a sheriff's department patrol car.
On June 11, 2005, appellant allegedly committed arson, burglary, theft, and vandalism at an inhabited trailer.
On July 6, 2005, appellant was arrested by the Bakersfield Police Department for petty theft. The arrest occurred less than three hours after appellant met with his probation officer and advised that he could be sent to CEO as the next disposition.
On July 14, 2005, the fourth petition was filed against appellant, alleging count I, felony arson of an inhabited structure (Pen. Code, § 451, subd. (b)); count II, residential burglary (Pen. Code, § 460, subd. (a)); count III, misdemeanor vandalism of a residence; count IV, misdemeanor battery (Pen. Code, § 243, subd. (a)); count V, misdemeanor vandalism; count VI, misdemeanor petty theft (Pen. Code, § 488); count VII, misdemeanor vandalism of a patrol vehicle; and count VIII, violation of his probation.
Dispositional Hearings
On July 28, 2005, appellant admitted count I of the third petition, and the court granted the prosecutor's motion to dismiss counts II and III with prejudice. The probation report noted appellant was not criminally sophisticated and not gang-oriented.
On August 11, 2005, the court ordered appellant placed at CEO, with the maximum time of confinement set at three years less three days credit for time served.
On August 29, 2005, appellant admitted counts IV, VII, and VIII of the fourth petition, and the court granted the prosecutor's motion to dismiss the remaining counts.
On September 14, 2005, the court ordered appellant's wardship, probation, and commitment to CEO to remain in effect, with the maximum time of confinement set at four years two months less 37 days credit for time served.
The Notice of Violation
On January 24, 2006, the probation department filed a memorandum in support of a hearing pursuant to section 777, subdivision (a)(2), that appellant violated the terms of his probation by failing to complete the CEO program, based on his conduct of threatening another ward, destruction of county property, throwing an object at another ward, being disrespectful, peer friction, profanity, physical fights, and possession of a razor blade. He was placed on â€
