In re S.B. CA1/4

Filed 7/16/14 In re S.B. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re S.B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A140335 S.B., (Contra Costa County Defendant and Appellant. Super. Ct. No. J1301068)

S.B. (Minor) appeals from a disposition order committing him to an out-of-home placement. (Welf. & Inst. Code,1 § 602.) He contends the trial court abused its discretion when it removed him from his parents’ custody and ordered a more restrictive out-of-home placement than the one originally recommended. We shall affirm the order. I. BACKGROUND A. The Underlying Offense The Solano County District Attorney filed a juvenile wardship petition (§ 602, subd. (a)) on July 31, 2013, alleging Minor had committed second degree robbery (Pen. Code, § 211) (count one). The petition was later amended to add allegations that Minor had committed misdemeanor giving false information to a police officer (Pen. Code,

1 All undesignated statutory references are to the Welfare and Institutions Code.

1

§ 148.9, subd. (a)) (count two), felony grand theft (Pen. Code, § 487, subd. (c)) (count three), and misdemeanor battery (Pen. Code, § 242) (count four). Pursuant to a negotiated disposition, Minor admitted to counts three and four, and counts one and two were dismissed. According to the probation report, Minor and his uncle, also a minor, approached the victim outside a Wells Fargo bank on July 30, 2013. The victim had returned to his vehicle after withdrawing $100 from the automated teller machine. The uncle stood at the victim’s window, pointed the gun at him, and demanded money. The victim handed over his wallet. Both suspects ran away and the victim drove to a nearby gas station to wait for the police. The police were able to detain the suspects nearby with the description given by the victim. The suspects informed the police they were visiting their grandmother in a nearby apartment complex. Police visited the apartment and the grandmother consented to a search. The police found clothing that matched the victim’s description of the suspects, a BB handgun, and four of the victim’s credit cards. The police also found the victim’s wallet in a nearby dumpster. The victim positively identified his belongings and the weapon. B. Recommendation and Orders At an October 2, 2013 hearing in Contra Costa juvenile court,2 Minor’s mother informed the court that Minor’s school behavior was good and he was keeping up with his academics.3 However, he was defiant and disrespectful at home, and was not coming straight home after school. His mother also informed the court that Minor had admitted smoking marijuana. The juvenile court ordered Minor to be supervised at home with an electronic monitor, pending disposition.