In re Roman C. CA5

Filed 2/18/14 In re Roman 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ROMAN C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067774

Plaintiff and Respondent, (Super. Ct. No. JJD066446)

v. ROMAN C., OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Jennifer Conn Shirk, Judge. Gillian Black, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine

* Before Kane, Acting P.J., Peña, J., and Hoff, J.† † Judge of the Superior Court of Fresno County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo- INTRODUCTION On August 28, 2012, a petition was filed pursuant to Welfare and Institutions Code section 602,1 alleging that Roman C., appellant, was charged with felony counts of making a criminal threat (Pen. Code, § 422, count 1) and two counts of misdemeanor battery (Pen. Code, § 242, counts 2 & 3). At the conclusion of a contested jurisdiction hearing on September 18, 2012, the juvenile court found the allegations in the petition to be true. The probation officer’s report noted that appellant, who was then 14 years 9 months old, had been drinking alcohol once or twice a week and using a half- ounce of marijuana once a day since age 12. When he was 13 years old, appellant experimented with cocaine and LSD three or four times. When he was 14 years old, appellant occasionally used methamphetamine laced with a marijuana cigar and spice. Appellant was affiliated with a gang. At the disposition hearing on October 2, 2012, the juvenile court declared appellant to be a ward of the court and placed him on probation upon various terms and conditions, including commitment to the Tulare County Youth Treatment Center for between 90 and 180 days. On three occasions in 2013, petitions were filed pursuant to section 777 alleging, inter alia, that appellant had failed to follow the regulations and directives of the Youth Treatment Center, was disruptive, possessed contraband, fought, demonstrated gang behavior, and failed to follow staff directives. On