In re A.F. CA1/3

Filed 10/31/13 In re A.F. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re A.F., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A137848

v. (Contra Costa County A.F., Super. Ct. No. J1100782) Defendant and Appellant.

A.F. appeals from an order committing her to juvenile hall and directing her to complete a program known as Girls in Motion. She contends the juvenile court abused its discretion by ordering such a restrictive placement. We affirm. FACTUAL AND PROCEDURAL BACKGROUND The Contra Costa County District Attorney filed a juvenile wardship petition on October 12, 2011, alleging that A.F., then 13 years old, had committed felony assault by force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). As set forth in the probation officer’s report, A.F. showed up at a school where she was not a student to fight another minor. A.F. punched the victim in the face multiple times and then struck the victim in the face with her knee, causing the victim’s nose to bleed. At the conclusion of the fight, A.F. held the victim by her hair and threw her into the path of an oncoming car, which stopped before striking the victim. After her arrest, A.F. admitted assaulting the victim but claimed it was “a mutual fist fight.” A.F. also admitted being

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suspended from school earlier the same day after being involved in a different fight. Although she denied gang affiliation, A.F. admitted associating with Norteño gang members and claimed not to like the color blue. The district attorney amended the petition to add a misdemeanor count of assault by force likely to produce great bodily injury. A.F. admitted the misdemeanor assault charge in exchange for dismissal of the felony assault charge. On October 31, 2011, the juvenile court adjudged A.F. a ward of the court and placed her on home probation subject to juvenile electronic monitoring (JEM). The court imposed various terms and conditions of probation, including conditions requiring her to avoid gang activity, to participate in anger management counseling, to obey a curfew, and to attend school. On April 17, 2012, the probation department filed a notice of probation violation alleging that A.F. failed to comply with her curfew and had been suspended from school. As set forth in the probation officer’s report, A.F. had been incorrigible at home and had left home without permission on numerous occasions, both before and after curfew. A.F.’s mother reported that A.F. had been detained for shoplifting on two separate occasions. At a hearing held on April 18, 2012, A.F. admitted that she had violated the terms of her probation as a result of being suspended from school and failing to adhere to her curfew. The district attorney expressed concern that A.F. was not taking her probation seriously in that she continued to disobey rules at home, engaged in problematic behavior, and refused to take medication. The court ordered A.F. to serve a weekend in juvenile hall and to be placed in a home supervision program for 75 days. In a second notice of probation violation filed on January 9, 2013, the probation department alleged that A.F. had left home without permission, was missing for three days, and had failed to attend independent study or turn in her homework. The probation officer reported that A.F.’s family had contacted the police after A.F. failed to return home. According to A.F.’s mother, A.F. had been incorrigible at home. It was reported that A.F. had a “chaotic academic history” that included being expelled from school. In addition, her school discipline record was “littered with entries” documenting incidents in which she had bullied and intimidated other students.