People v. Raymond B.

Opinion

ASHBY, J.

On a petition under Welfare and Institutions Code section 602, the Kern County Juvenile Court found that appellant committed burglary. The matter was transferred to Los Angeles County for disposition. In another petition filed in Los Angeles County, appellant was charged with seven counts of burglary and one count of grand theft. Appellant admitted the allegations of count VIII (burglary) and counts I through VII were dismissed. On disposition of both petitions, appellant was ordered into a camp community placement not to exceed three years.

Appellant first contends that the court failed to make the required findings for removing a minor from the physical custody of a parent or guardian. (Cal. Rules of Court, rule 1372(b); Welf. & Inst. Code, § 726;

In re B. G.

(1974) 11 Cal.3d 679, 683 [114 Cal.Rptr. 444, 523 P.2d 244].) This argument is without merit because appellant was not in the physical custody of his parents or a guardian; his mother was institutionalized and his father had disappeared two years earlier. Appellant was already a dependent child of the court, living in a foster home. Appellant’s foster parent did not have the fundamental interest in appellant’s custody that a parent or guardian would have. (See

In re B. G., supra,

11 Cal.3d at pp. 688, 696-700; Health & Saf. Code, § 1530.6; Prob. Code, §§ 2351-2353.)

Appellant next contends that the court erroneously considered the dismissed burglaries in determining its disposition. This argument lacks merit. Appellant had admitted to the probation officer and described in detail committing the other offenses. The burglaries had become so numerous that appellant had begun to think of burglary as

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easy and, in a way, fun. He had become sophisticated in his methods and was the leader of the group of four which was committing the burglaries. He did not think he would get caught. The probation officer observed no remorse in appellant and no interest in making restitution to the victims. His earnings were being used for a car and motorcycle.