In re Alejandro H.

Filed 8/30/06 In re Alejandro H. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Fresno County. Timothy A. Kams, Judge.

Thea Greenhalgh, 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, and Michael Dolida, Deputy Attorney General, for Plaintiff and Respondent.

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Former minor Alejandro H. contends the juvenile court abused its discretion by placing him at the California Youth Authority (CYA)^[1] after he admitted carrying a loaded firearm and leaving the scene of an accident. (Pen. Code, § 12031, subd. (a)(1); Veh. Code, § 20001, subd. (a).) We will affirm the disposition.

FACTUAL AND PROCEDURAL BACKGROUND

According to a probation officer's report, a witness observed 17-year-old Alejandro on the afternoon of April 13, 2005, driving a Nissan Altima at speeds up to 90 miles per hour pursuing a blue Chevrolet Blazer. Alejandro ran a red light at an intersection and broadsided a pickup truck, causing the truck to roll over and injure its driver. Alejandro and his passengers ran from the Altima and were picked up by the driver of a white Blazer. Before leaving the scene, Alejandro exited the white Blazer and walked over to the Altima and retrieved a short-barreled shotgun and wrapped it in his jacket. He got back into the white Blazer and left the scene at a high rate of speed.

The driver of the white Blazer subsequently contacted the police and informed the investigating officer that Alejandro threw the shotgun onto a dirt field after the crash. The driver also said Alejandro kept a sawed-off shotgun behind the back seat of another car.

On May 2, 2005, police officers searched Alejandro's residence and found a sawed-off shotgun behind the seat of his Chrysler 300M. Alejandro admitted he was a member of a central valley street gang and he was chasing the blue Blazer because its occupants were members of a rival gang.

The Fresno County District Attorney filed an amended juvenile wardship petition alleging Alejandro carried a loaded firearm (count 1; Pen. Code. § 12031, subd. (a)(1)), concealed a firearm in a vehicle (count 2; Pen. Code, § 12025, subd. (a)(1)), committed street terrorism (count 3; Pen. Code, § 186.22, subd. (a)), left the scene of an accident (count 4; Veh. Code, § 20001, subd. (a)), and engaged in hit and run driving (count 5; Veh. Code, § 20002, subd. (a)). The first two counts also included allegations the offenses were committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)).

Alejandro admitted carrying a loaded firearm and leaving the scene of an accident, and the juvenile court dismissed the remaining counts and street gang allegations with a right to comment and impose restitution. The juvenile court declared the admitted offenses felonies and committed Alejandro to the CYA for a maximum period of confinement of two years eight months based on the middle two-year term for carrying a loaded weapon plus an eight-month consecutive subordinate term for leaving the scene of an accident.

DISCUSSION

Alejandro contends the juvenile court abused its discretion in placing him at the CYA because the record lacked sufficient evidence to support the commitment. He believes alternative less restrictive local programs were available that would have provided a likely benefit and that the juvenile court improperly committed him to the CYA â€