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In re D.M.

California Court of Appeals, First District, First Division
Mar 21, 2008
No. A119020 (Cal. Ct. App. Mar. 21, 2008)

Opinion


In re D.M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. D.M., Defendant and Appellant. A119020 California Court of Appeal, First District, First Division March 21, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

Contra Costa County Super. Ct. No. J04-01718

Marchiano, P.J.

Defendant D.M. appeals from an order of the juvenile court committing him to the Division of Juvenile Justice (DJJ). His counsel has filed an opening brief that raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not done so. We affirm.

I.

In 2004, when defendant was 12, a delinquency petition was filed in Contra Costa County alleging that he had committed burglary. The petition was sustained, and he was committed to the county’s boys ranch, Orin Allen Youth Rehabilitation Facility (ranch). After his early release, he violated probation by leaving home without permission. He was arrested in November 2005 on the warrant and on new burglary charges, and was returned to the ranch. Several weeks after another early release he was arrested for petty theft; he failed to appear for his parole review and a warrant was issued. In October 2006, after he was arrested on the warrant, he was ordered to serve the balance of his previously imposed ranch commitment in juvenile hall.

On June 4, 2007, a delinquency petition was filed in Alameda County alleging that defendant had committed seven robberies (Pen. Code, § 211), six of which involved the use of a firearm (Pen. Code, § 12022, subd. (a)(1)). On June 13, 2007, defendant waived his right to a jurisdictional hearing, and admitted one violation of Penal Code section 211 and a firearm enhancement. The other charges and enhancements were dismissed, and the case was transferred to Contra Costa County for disposition.

According to the jurisdictional report, the robberies were committed by defendant and others in Berkeley in March, April and May of 2007. The jurisdictional report indicated, as to the offense defendant admitted, that the victim was robbed at the corner of Bonar and Allston at 6:44 a.m. on April 27, 2007, by two males armed with a black semi-automatic handgun. They held the gun to the victim’s stomach, told him to give them everything he had, and then escaped in a car with no rear license plate.

Prior to the dispositional hearing, defendant admitted to the probation officer that he had participated in three or four of the robberies charged, but denied using a firearm. The probation officer’s report described defendant as unremorseful, and “seemingly nonchalant” about his offense. The report stated that defendant had been found unsuitable for another ranch commitment given the gravity of the offense and the failure of the prior commitments to improve his behavior. Defendant was, however, “a viable candidate for a boot camp setting.”

At the jurisdictional hearing, the defense presented testimony about conditions at DJJ facilities, and about the Fouts Springs boot camp. The court committed defendant to the DJJ for a maximum term of four years.

II.

We have reviewed the record and find no arguable issues. Defendant was represented by counsel. He admitted a serious offense, and acknowledged involvement in several others. The court carefully reviewed the probation report, listened to argument about the Fouts Springs boot camp, reviewed defendant’s past behavior, and appropriately committed the defendant. Given the nature of the offense, defendant’s recidivism, and his lack of remorse, the DJJ commitment was proper and was not an abuse of the court’s discretion.

III.

The dispositional order is affirmed.

We concur: Swager, J., Margulies, J.


Summaries of

In re D.M.

California Court of Appeals, First District, First Division
Mar 21, 2008
No. A119020 (Cal. Ct. App. Mar. 21, 2008)
Case details for

In re D.M.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. D.M., Defendant and Appellant.

Court:California Court of Appeals, First District, First Division

Date published: Mar 21, 2008

Citations

No. A119020 (Cal. Ct. App. Mar. 21, 2008)