(Alameda County Super. Ct. No. SJ0400005504)
The opinion of the court was delivered by: Ruvolo, P. J.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Appellant Jose T. appeals from a jurisdictional and dispositional order in a Welfare and Institutions Code section 602 proceeding declaring wardship and committing him to the Division of Juvenile Justice (DJJ).*fn1 Appellant contends that the juvenile court abused its discretion by automatically imposing a suspended DJJ commitment. Appellant also argues the imposition of this sentence was improper because the court did not consider the appropriateness of less restrictive alternative placements or whether the placement would benefit him. Furthermore, appellant argues that his commitment order should be remanded to the juvenile court for it to determine whether he needs an individualized education plan (IEP). Lastly, appellant contends that his DJJ commitment should be modified in order to accurately reflect previous custody credits and to correct a clerical error.
We conclude that the juvenile court automatically, and erroneously, imposed a previously suspended DJJ commitment. Accordingly, we vacate the commitment, remand, and direct the lower court to evaluate the appropriate placement for appellant, including whether to impose the previously suspended DJJ commitment, based upon current factors and circumstances.*fn2
FACTS AND PROCEDURAL HISTORY
On August 15, 2008, appellant was charged in a Welfare and Institutions Code section 602 (section 602) petition with one count of robbery (Pen. Code, § 211).*fn3 The petition was later amended to allege one count of grand theft (§ 487, subd. (c)), which appellant admitted. On December 18, 2008, appellant was adjudged a ward of the court and placed on probation.
On January 29, 2009, appellant was charged in a subsequent section 602 petition with one count of robbery (§ 211), one count of aggravated assault (§ 245, subd. (a)(1)), one count of battery (§ 243, subd. (d)) and one count of misdemeanor possession of marijuana on school grounds (Health & Saf. Code, § 11357, subd. (e).) Appellant admitted the aggravated assault charge, and the other charges were dropped. On May 29, 2009, the court ordered that appellant be placed at Right of Passage (ROP), with a suspended DJJ commitment.
On November 17, 2009, appellant was charged in a Welfare and Institutions Code section 777 (section 777) supplemental petition with violating his court ordered placement by leaving ROP on November 12, 2009, and remaining away without permission. Appellant admitted this violation.
At the January 21, 2010 disposition hearing, the court found that the assault was a Welfare and Institutions Code section 707, subdivision (b) offense and committed appellant to DJJ ...