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

March 9, 2011

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



(Super. Ct. No. 67325)

The opinion of the court was delivered by: Robie, J.

In re D.T.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Minor D. T., age 17, admitted that he came within the provisions of Welfare and Institutions Code section 602 in that he committed robbery in which he personally used a deadly and dangerous weapon, a pellet gun. In exchange, five related counts and an unrelated juvenile wardship petition were dismissed in the interest of justice. The minor was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (the division).

On appeal, the minor contends the division commitment was an abuse of discretion because: (1) the juvenile court did not give appropriate consideration to less restrictive alternatives to the division; and (2) the evidence does not support the court's conclusion that the division commitment would benefit the minor. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On September 23, 2009, the minor approached Hilario Garrido while he was in a car. The minor drew a "replica pellet gun"*fn1 and demanded that Garrido give up the car, which he did. The minor and his girlfriend got into the car and drove away, all without Garrido's permission. After a short chase by police officers, the minor was found hiding nearby with the gun. The minor did not have a driver's license. At the time the minor resided in Stockton, San Joaquin County, California.

The probation department's disposition report showed that the minor was 17 years old at the time of the offense. His father is deceased, and his mother is a drug addict who never had custody of him. At age three, he was adopted by his paternal great-aunt. Since being booked into juvenile hall in September 2009, the minor had "not received any negative reports from staff." The minor also had "not been tried in a setting of Court-ordered supervised probation."

The minor, who should have been in the 12th grade, was not enrolled in school at the time of his arrest. When he last attended school, he "was failing every class." He had not been diagnosed with any learning disabilities and had no history of "special education" or preparation of an individualized education plan.

The minor admitted that he had used marijuana, ecstasy, cough syrup, and alcohol. He had used marijuana "on a daily basis" and had not "attended any substance abuse counseling."

The minor admitted that he had joined the Crips criminal street gang "four years ago" but claimed he had stopped "'gang bangin[g]'" after approximately two years.

He claimed to be in good health and had no employment history. He said he "probably" had been "under the influence" at the time of the offense.

The minor stated he "knows what he did was wrong and he knows how the victim felt." Regarding an appropriate consequence for his actions, he believed that "anything but" the division would be "suitable."

The minor's mother reported that he had "stole[n] from her in April 2009" and thereafter he refused to attend counseling. In May 2009 the minor "left home without permission," and the mother did not know his whereabouts until August 2009, when she learned he was staying with his grandmother. She said he "has always got[ten] into trouble but now it has gotten more serious." In her view, the minor "is very manipulative and will try to talk ...


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