In re Ruby C. CA5

Filed 12/16/13 In re Ruby C. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re RUBY C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067086

Plaintiff and Respondent, (Super. Ct. No. 11CEJ600283-1V)

v. OPINION RUBY C.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. James A. Kelley, Judge. Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Franson, J., and Peña, J.

INTRODUCTION On April 4, 2011, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that appellant, Ruby C., committed two counts of assault with a deadly weapon by means likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1), counts 1 & 2).1 It was further alleged that appellant inflicted great bodily injury on the victim (§ 12022.7, subd. (a)), the offense was a serious felony (§ 1192.7, subd. (c)(8)) and a violent felony (§ 667.5, subd. (c)(8)). At the conclusion of a contested jurisdiction hearing on July 19, 2011, the allegations were found to be true. At the disposition hearing on August 8, 2011, the juvenile court ordered that appellant spend 365 days in custody with credit for 126 days. Appellant was placed on probation and ordered to pay direct victim restitution of $4,493.47. On January 23, 2013, a petition was filed pursuant to Welfare and Institutions Code section 777, alleging that appellant failed to obey the lawful directives of her parent/guardian and the probation officer, failed to obey curfew, failed to refrain from possessing gang clothing, failed to attend school and obey school rules, possessed a dangerous/deadly weapon, was found in possession of marijuana, and failed to obey the law by violating section 148, subdivision (a)(1). On March 13, 2013, appellant admitted the allegations. On March 27, 2013, after considering all of the less restrictive alternatives for placement, the juvenile court ordered appellant’s confinement with the Division of Juvenile Justice (DJJ). The court set appellant’s maximum term of confinement at five years and found she had 536 days of custody credits. Appellant was ordered to pay her victim restitution fine and an additional restitution fine of $100.