In re A.A. CA5

Filed 7/31/14 In re A.A. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.A., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F068247

Plaintiff and Respondent, (Super. Ct. No. 511925)

v. OPINION A.A.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Nan Cohan Jacobs, Judge. Stephanie L. Gunther, under appointment by the Court of Appeal, for Plaintiff and Respondent. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and John G. McLean, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Cornell, J., and Poochigian, J.

INTRODUCTION A.A., a minor at the time of the underlying proceedings, appeals from the disposition order of the Stanislaus County Juvenile Court committing him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ).1 Appellant contends the court abused its discretion by failing to order a less restrictive alternative placement. Appellant’s commitment to the DJJ followed multiple sustained juvenile petitions and his unsuccessful participation in other rehabilitative programs. The record clearly shows that the juvenile court weighed and considered the probable benefits of a DJJ commitment against the ineffectiveness of less restrictive placements. We affirm the challenged order. FACTUAL AND PROCEDURAL BACKGROUND Prior Adjudications Appellant has a history of delinquency dating back to December 2009 when, at 13 years of age, he was charged with brandishing a deadly weapon (Pen. Code, § 417, subd. (a)(1), count 1) and battery (Pen. Code, § 242, count 2). In January 2010, appellant was adjudged a ward of the court, placed on probation, and ordered to spend 30 days in juvenile hall. In April 2010, appellant admitted committing misdemeanor vandalism (Pen. Code, § 594, subd. (b)(1)) and a gang enhancement (Pen. Code, § 186.22, subd. (a)). Appellant was continued as a ward of the court and ordered into custody for 45 days with credit for