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

October 9, 2012

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



(Super. Ct. No. JV114162)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

In January 2010, the minor A.S. admitted to committing the crime of minor in possession of a firearm (former Pen. Code, § 12101; now § 29800). The juvenile court found that the minor was a person described within the meaning of Welfare and Institutions Code section 602*fn1 and committed him to the Sacramento County Boy's Ranch.

Following several subsequent petitions, a second amended subsequent petition was filed in February 2011 alleging that the minor committed assault by means of force likely to produce great bodily injury with a great bodily injury allegation (Pen. Code, §§ 245, subd. (a)(1); 12022.7 (count 1)); battery on a person with whom he had a dating relationship (Pen. Code, § 243, subd. (e)(1)(count 2)); unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a) (count 3)); receiving stolen property (Pen. Code, § 496d, subd. (a) (count 4)); reckless driving while fleeing from a pursuing peace officer (Veh. Code, § 2800.2, subd. (a) (count 5 Code, § 148, subd. (a)(1) (counts 6 and (Pen. Code, § 245, subd. (a)(1) (count 8 ; resisting an officer (Pen. ); and assaulting an officer

The minor admitted the assault by means likely to produce great bodily injury charge in count 1; the great bodily injury enhancement and the remaining charges were dismissed with the agreement that they could be considered at disposition. Following a contested disposition hearing, the juvenile court found the minor to be a ward of the court and committed him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) for a maximum of three years. The juvenile court subsequently filed an amended commitment form stating the current offense was an offense enumerated in section 707, subdivision (b).

On appeal, the minor contends the decision to commit him to the DJJ violated due process because it was done without a complete social study, without considering evidence offered by the minor regarding the DJJ, and lacking substantial evidence of probable benefit to him. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Instant Offenses

Count 1

On October 17, 2010, juvenile hall staff saw the minor quickly pacing through the day space area with clenched fists while staring at different residents. The minor approached another resident, W.W., who was seated and watching television. The minor struck W.W. in the face with closed fists, and continued to punch him when he fell to the ground. The attack did not stop until the minor was pulled off by staff and pepper sprayed. The minor then began to run around the room and look for another resident to fight. Staff had to pepper spray the minor again and restrain him on the ground with handcuffs. The minor told staff he wanted to make an example out of W.W., because he talked about the minor, and "was the biggest one in here," who acts "tough and punks little ones." W.W. sustained an orbital fracture to his right eye as a result of the assault.

Count 2

On September 30, 2010, the minor choked his girlfriend and scratched her on the neck and shoulder area. The minor assaulted her for not making the bed and for talking to his younger brother.

Counts 3 Through 7

On October 9, 2010, Sacramento police officers checked a car's license plate and learned it had been carjacked in Contra Costa County. A high speed pursuit ensued until the car crashed. The car's driver, the minor, fled on foot. The officers chased the minor and took him into custody. The minor said he bought the car for ...


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