IN RE S.B.

No. F074735.

In re S.B., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. S.B., Defendant and Appellant.

Court of Appeals of California, Fifth District.


Attorney(s) appearing for the Case

Carol A. Koenig , under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

THE COURT*

Appointed counsel for minor S.B. asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Minor was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from minor. Our review reveals no arguable issues.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

Minor was adjudged a ward of the court on about February 1, 2013, when he was 11 years old. He moved to Las Vegas with his mother, where he was arrested for several violations of the law. In May 2015, he violated probation and was thereafter committed to Caliente Youth Center, a secure facility in Nevada. His behavior was poor and disruptive. When he was discharged, his mother, who was attempting to avoid investigation by child services, sent him to his grandmother's home, where his behavior was out of control. The grandmother sent him to another relative, but minor left for Modesto and then Bakersfield, where he met the three adults involved in the current matter.

On July 23, 2016, when minor was 15 years old, he and the three adults (together, the perpetrators) threatened a man in a park with a knife, stole his keys, and persuaded him to withdraw $480 to get his keys returned to him. Minor carried a gun, in case he needed it. The perpetrators stole the man's car and transported him to a hotel room they rented with the money they had stolen from him. They refused to return the car keys or allow the man to leave. Over the course of many hours, the perpetrators threatened him with a gun and held him hostage. Later, they drove him to a remote area, tied an electrical cord around his neck, and attempted to strangle him to death. When they failed, they left him on the side of the road and took his wallet, telling him no one would be able to identify him if he died. Once alone, the man began walking and flagged down a vehicle. The driver took the man to the man's residence where he called the police. Officers took him to the hotel and located his car and wallet. The perpetrators were later arrested.

On July 26, 2016, a wardship petition (Welf. & Inst. Code, § 602) was filed, alleging minor committed attempted murder (Pen. Code,1 §§ 664, 187, subd. (a)), assault with a deadly weapon (§ 245, subd. (a)(1)), kidnapping (§ 207, subd. (a)), and robbery (§ 212.5, subd. (c)). Minor admitted committing the robbery. The other allegations were dismissed.

The probation officer prepared a report for the dispositional hearing. According to the probation officer, minor was found unsuitable for Camp Erwin Owen because it was not secure. Although he was found suitable for Kern Crossroads Facility, the facility did not provide all the treatment he required. A group home placement was rejected because it lacked security and exposed the community to risk. The probation officer considered minor's lack of remorse and empathy for the victim, the seriousness of the offenses, and minor's stated desire to continue engaging in criminal behavior. The probation officer concluded the Division of Juvenile Justice (DJJ) was the most appropriate placement for minor. He would have the opportunity to participate in programs addressing violence, assaultive behavior, and gang involvement, plus he would have access to mental health services to address his bipolar disorder and attention deficit hyperactivity disorder. The probation officer recommended a maximum confinement of five years based on the seriousness of minor's offenses.

At the dispositional hearing on September 26, 2016, minor's counsel argued that minor's mental health issues had been untreated, insufficient attempts to rehabilitate him had been undertaken, and less restrictive alternatives were available, such as Kern Crossroads Facility. The probation officer informed the court that Kern Crossroads Facility and Caliente Youth Center were very similar. Minor had been noncompliant at Caliente and had failed at many placements. The probation officer did not think he would succeed anywhere but DJJ. The court considered the probation officer's report and also two juvenile hall observation reports, which described minor's behavior as poor, disrespectful, and disruptive, and noted minor was a member of a Las Vegas criminal street gang. The court noted that minor required a lot of treatment and DJJ was the best opportunity for him to get that treatment.

The juvenile court continued minor as a ward, removed him from his parents' custody, and committed him to DJJ for five years.

We have reviewed the entire record and find no arguable issues on appeal.

DISPOSITION

The juvenile court's findings and orders are affirmed.

FootNotes


* Before Gomes, Acting P.J., Smith, J. and Meehan, J.
1. All further statutory references are to the Penal Code unless otherwise noted.

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