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In Re andre C., A Person Coming Under the Juvenile Court v. andre C

March 25, 2013

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



(Super. Ct. No. 69024)

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

In re Andre C.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 resolution reached at a contested jurisdictional hearing, the minor, Andre C., admitted one count of child abuse (Pen. Code, § 273a, subd. (a)),*fn1 and three other such counts were dismissed along with a count of corporal injury on a cohabitant (§ 273.5).

The juvenile court declared the admitted count to be a felony, adjudged Andre C. to be a ward of the court, set a maximum confinement term at six years, ordered Andre C. to be placed in a suitable licensed placement while on probation, and then placed Andre C. in the Rite of Passage program (ROP) in Nevada.

On appeal, Andre C. contends the juvenile court (1) violated his legal right to special education that conforms to his Individual Education Plan (IEP), (2) erred in requiring him to obtain his high school diploma or GED as a probation condition, as there was no evidence of his ability to comply, and (3) failed to determine his ability to pay a $100 restitution fine. We shall order the correction of a clerical error on the disposition order, brought to our attention, but otherwise affirm the juvenile court's adjudication and orders.

FACTUAL BACKGROUND

The parties stipulated that the police report contained a factual basis for the admitted count. As summarized by the probation report, the police report stated as relevant:

Police were dispatched to Andre C.'s home on December 20, 2011, on a disturbance call. Andre C.'s father informed the officers that Andre C., then just a few days shy of 16 years old, and his girlfriend, then 17 years old, "had been fighting all night long" and that the girlfriend's mother was present at the residence to take the girlfriend and the couple's infant child.

According to the girlfriend, she and Andre C. had been arguing out of jealousy, each believing the other might be cheating.

Officers noticed the girlfriend's face was red and swollen on one side.

Subsequent investigation disclosed that Andre C. had been abusive to the couple's one-month-old infant daughter over her crying--yelling in the baby's ear, duct-taping her mouth, placing her in a closet, and slapping her ...


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