People v. Deon W.

[145]

Opinion

LILLIE, P. J.

Deon W. appeals from the orders of wardship (Welf. & Inst. Code, § 602) and suitable placement.

On March 18, 1997, a petition was filed alleging appellant committed residential burglary. On April 20, 1997, before adjudication, the court read and considered a social study indicating that victim Ricardo Topey was moving into a new residence. He discovered appellant, age 10, removing a screen from his living room window and ran outside and detained appellant. Appellant had a recent contact for vandalism. He lived with his grandmother, who was his legal guardian. He had attention deficit disorder and was attending a special education school. He had difficulties with school attendance and was physically aggressive and street-oriented.

The grandmother told the court that appellant was being influenced by older boys, he “knows better than to misbehave,” and he was having difficulties at home and at school. The grandmother believed that the school was not fully cooperating with her in disciplining appellant.

The court proposed six months of probation under Welfare and Institutions Code section 725, subdivision (a), upon appellant’s admission to the burglary alleged in the petition.

1

The court explained successful performance on probation would result in a dismissal of proceedings; otherwise, the court would order suitable placement.

Deon W. admitted that he committed first degree burglary. The court placed him on probation.

On June 27, 1997, the probation department sent the court a written notice that appellant had violated the terms and conditions of his probation. Thereafter, appellant appeared in court with his mother and grandmother. The written report suggested that appellant was not performing satisfactorily in school, he had been cited for, and had violated, curfew, and he was not following his grandmother’s directions regarding peer association. A school counselor reported that appellant had threatened and hit her and hit fellow students, and he was extremely manipulative and disturbed. The counselor explained that appellant complained of others hitting him at school to avoid punishment by his grandmother. At school, he acted out. The counselor believed that appellant needed a therapeutically structured school and home environment.