In re T.F. CA3

Filed 12/31/24 In re T.F. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re T.F., a Person Coming Under the Juvenile Court C100439 Law.

THE PEOPLE, (Super. Ct. No. JV142680)

Plaintiff and Respondent,

v.

T.F.,

Defendant and Appellant.

After minor T.F. admitted committing robbery while armed with a firearm, the juvenile court adjudged him a ward of the court and committed him to the Valley Oak Youth Academy (VOYA) program at the Sacramento County secure youth treatment facility for a baseline term of confinement of three years four months. On appeal, minor contends the juvenile court abused its discretion by committing him to VOYA. Minor frames his contentions as follows: (1) “the court failed to make any findings based on any evidence presented at the disposition hearing that [minor] would benefit from a

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commitment to the VOYA based on the crime that he committed” and (2) “there was insufficient evidence to support a finding that less restrictive alternatives such as residential mental health treatment programs, residential drug programs, educational placements, a local commitment, or other out of state residential placements would have been ineffective or inappropriate.” We conclude the juvenile court made the required factual findings and those findings were supported by substantial evidence. We will affirm the judgment. I. BACKGROUND Minor and J.M. met victims M.D. and K.F. at an apartment complex so that M.D. could exchange a gun that he had previously obtained for a different gun. M.D. put the gun on an electrical box outside the apartment complex. Minor grabbed the gun, which began a struggle with M.D. for the gun. J.M. then pulled down a mask to cover his face, pulled out a gun, and shot M.D. and K.F. Minor and J.M. then took M.D.’s gun and other property belonging to the victims and fled the scene. M.D. died from a gunshot wound to his chest. K.F., who survived but was paralyzed, was also shot in the chest and reported to police officers who arrived at the scene that he could not move his legs. Minor admitted committing robbery while armed with a firearm. The probation officer then prepared a report on minor’s background which included a recommended disposition outlined below. The report noted that, prior to the robbery, minor had behaved poorly at school and at home, often leaving home for days at a time to stay with friends his mother did not approve of. The most recent time minor ran away from home prior to the robbery, he was gone for approximately two months but would text his mother regularly to tell her he was okay. Minor had been expelled from high school for hitting an administrator during a fight with another student. Minor, his siblings, and his mother had been abused by his mother’s ex- boyfriend. Minor’s mother enrolled him in counseling once, but he “did not do well participating in the online counseling sessions and refused to continue to participate.” Minor expressed a desire for counseling to deal with past trauma and marijuana use. Based on this information, the probation officer concluded that “minor would benefit from a high level of [s]upervision.” Accordingly, the probation officer recommended minor: