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

November 26, 2012

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



(Super. Ct. No. JV130720)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

After finding the minor, A. P., competent to stand trial, the juvenile court sustained a petition alleging he committed three crimes: two counts of felony driving under the influence, and one count of misdemeanor driving without a valid license. The felony counts included three enhancements, each alleging the minor inflicted great bodily injury on three individuals as a result of his driving under the influence. The juvenile court adjudicated the minor a ward of the court, placed him on probation with numerous conditions, and committed him to the care and custody of his mother.

On appeal, the minor contends he was "denied his due process right to a fair trial and effective assistance of counsel because he was not competent, due to his retrograde amnesia, at the time of the jurisdictional hearing . . . ." We disagree and affirm.

BACKGROUND

Offenses

On October 3, 2009, A. P. (then 14 years old) and three of his friends (Trentin, Tanielau, and Charlie) stole a black automobile belonging to Trentin's grandfather. They rode around town drinking alcoholic beverages A. P. brought to them.

Between 1:00 and 2:00 a.m on October 4, 2009, the group drove to a Taco Bell, after which, Trentin and A. P. took turns driving the car. When A. P. took over driving, he drove very fast around the Del Paso Heights area of Sacramento, swerving at parked cars to see how close he could get without actually hitting one.

Around 4:00 a.m., Janet Fox was driving home from work when she saw a black car coming toward her, run through an intersection without stopping, and swerve into her lane; she had to move her car to avoid being hit. She then saw the car swerve back into its own lane and onto the dirt on the right side of the road, fish-tail, make a turn "flying right past" the front of her car, and into the front yard of a house on the corner next to Fox. Fox did not see the car stop, but she heard it crash and she called 911. She then parked her car, got out, and walked to a house where she saw the car had crashed into the house and was now on its side.

Melinda Peterson was asleep on her living room couch in the early morning hours of October 4, 2009. She awoke in another part of the room with her couch on top of her. Crawling out from under the couch, Peterson saw a giant hole in the wall of her home and a car partially in her living room. She also saw a "small boy" in the car moaning, another boy on the floor of the living room, and blood everywhere.

Sacramento Fire Captain Kurt Dittig arrived at the scene. Looking through the windshield of the car, Captain Dittig could see there were two boys lying horizontally, one on top of the other. He supervised others as they removed the roof from the car in order to free the boys. The first boy extricated was ...


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.