Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

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

June 25, 2012

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



(Super. Ct. No. JV131458)

The opinion of the court was delivered by: Blease , Acting P. J.

In re R.P.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Pursuant to a negotiated plea, minor R.P. admitted he committed an assault on Travis S., and admitted the accompanying gang enhancement. (Pen. Code, §§ 245, subd. (a)(1), 186.22, subd. (b)(1).)*fn1 The juvenile court dismissed a great bodily injury allegation which had accompanied the admitted offense, as well as two additional allegations of assaults on separate victims, with the agreement the dismissed allegations could be considered at disposition. The juvenile court committed the minor to the Division of Juvenile Justice (now the Division of Juvenile Facilities) for a maximum period of confinement of five years and awarded 154 days of precommitment credit.

On appeal, the minor contends the matter must be remanded for the juvenile court to specify whether his offense was a felony or misdemeanor. The minor also contends the juvenile court failed to award him all of the precommitment credits to which he is entitled. We disagree with both contentions and affirm.

BACKGROUND

On June 22, 2010, a juvenile petition (Welf. & Inst. Code, § 602) was filed alleging the minor had committed robbery (§ 211), after he and his brother physically assaulted Sammy J. and took Sammy J.'s laptop computer. The minor admitted to the related offense of grand theft (§ 487) and was found suitable for deferred entry of judgment, electronic monitoring and home supervision.

On August 25, 2010, the minor and his brother attacked Dakar O. while he sat in a parked car outside school grounds. The minor punched Dakar O. in the head and face, pulled him out of the car by his hair, and then kicked him in the head and body after he fell to the ground. When S.R. attempted to stop the assault, she was also hit in the head and body. S.R. was taken to the hospital for her injuries. The minor was taken into custody for these offenses on August 26, 2010.

A juvenile petition was filed on August 30, 2010, alleging the minor had committed felony assault on Dakar O. with an accompanying gang enhancement (§§ 245, subd. (a)(1), 186.22, subd. (b)(1)), felony assault on S.R. (§ 245, subd. (a)(1)), and misdemeanor disturbing a public school (Ed. Code, § 32210, subd. (a)).

On October 16, 2010, while detained in juvenile hall pending disposition on the allegations contained in the August 30, 2010, petition, the minor and another juvenile, both members of the Oak Park Bloods gang, attacked Travis S. -- a juvenile from another gang. Travis S. was struck in the head several times. The minor also picked Travis S. up and slammed him onto the concrete, then continued his attack as Travis S. was unconscious and lay bleeding heavily on the ground.

A juvenile petition was filed on October 19, 2010. The petition superseded and reiterated the allegations contained in the August 30, 2010, petition, and added a fourth count for felony assault on Travis S. with an accompanying gang enhancement and an enhancement for personal infliction of great bodily injury (§§ 245, subd. (a)(1), 186.22, subd. (b)(1), 12022.7). The juvenile court ordered the minor detained.

On December 13, 2010, the minor entered into a negotiated plea wherein he admitted count four as a felony assault on Travis S. and admitted the accompanying gang enhancement. All the remaining allegations contained in the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.