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In Re R.D., A Person Coming Under the Juvenile Court Law. v. R.D

December 1, 2010

IN RE R.D., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
R.D., DEFENDANT AND APPELLANT.



The opinion of the court was delivered by: Raye,j.

In re R.D.

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a contested jurisdiction hearing, the San Joaquin County Juvenile Court found that minor R.D. came within the provisions of Welfare and Institutions Code section 602 in that he committed robbery (Pen. Code § 211; further undesignated statutory references are to the Penal Code).

On appeal, the minor contends the juvenile court committed prejudicial error when it took judicial notice of his previously sustained petition at the jurisdictional hearing. We disagree and will affirm the judgment.

PROCEDURAL BACKGROUND*fn1

In September 2007 the minor, then 13 years old, was placed on six months of informal probation pursuant to Welfare and Institutions Code section 654.2 after the juvenile court sustained a petition alleging he committed sexual battery by restraint (Pen. Code, § 243.4, subd. (a)).

The minor successfully completed the probationary period, and on March 24, 2008, the petition was dismissed on the recommendation of the district attorney.

Between February 18, 2009, and March 5, 2009, the district attorney filed three separate petitions against the minor. The February 18, 2009, petition alleged the minor committed robbery (§ 211--count 1), conspiracy to commit robbery (§ 182, subd. (a)(1)--counts 2, 4 & 7), attempted robbery (§§ 664, 211--counts 3 & 6), and infliction of an injury upon an elder adult (§ 368, subd. (b)--count 5). The February 26, 2009, petition alleged the minor committed attempted robbery. (§§ 664, 211.) The March 5, 2009, petition alleged he committed robbery (§ 211--count 1) and grand theft (§ 487, subd. (c)--count 2).

On March 10, 2009, the court granted the district attorney's motion to amend count 6 of the February 18, 2009, petition to allege attempted grand theft. (§§ 664, 487, subd. c.) The minor admitted count 6 of the February 18, 2009, petition, as amended, in exchange for dismissal of all remaining allegations in all three pending petitions.

On April 13, 2009, the juvenile court adjudged the minor a ward of the juvenile court and committed him to the care and custody of the probation department for suitable placement. The minor was placed in a residential treatment center for assessment and, on September 8, 2009, was accepted into the Family Visions In-Home Wraparound Program.

On October 19, 2009, the district attorney filed a petition alleging the minor committed robbery (Pen. Code, § 211--count 1) and conspiracy to commit robbery (Pen. Code, § 182, subd. (a)(1)--count 2). The petition also contained a notice of intent to increase the maximum term of confinement by aggregating the term from the minor's previously sustained petition for attempted grand theft pursuant to Welfare and Institutions Code section 726. The district attorney also filed a notice of violation of probation based on the allegations in the petition.

A contested jurisdictional hearing for both the minor and his co-defendant began on November 10, 2009.*fn2 The court heard testimony from the victim, the arresting officers, the minor, the minor's co-defendant, and the minor's mother, as well as argument from counsel. Prior to the district attorney's rebuttal ...


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