In re Wyatt v. CA5

Filed 9/4/14 In re Wyatt V. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 WYATT V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067743

Plaintiff and Respondent, (Super. Ct. No. JJD065772)

v. OPINION WYATT V.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Arthur L. Bowie, 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, Julie A. Hokans and John W. Powell, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J. and Kane, J.

INTRODUCTION It was found true that appellant Wyatt V. had attempted willfully and deliberately to commit murder, conspiracy to commit murder, kidnapping to commit robbery, and criminal threats. Wyatt contends the juvenile court failed to exercise its discretion properly when he was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF), for a maximum period of 40 years to life for these offenses. We disagree and will affirm the commitment order. FACTUAL AND PROCEDURAL SUMMARY In April 2013 Wyatt was a ward of the juvenile court. A Welfare and Institutions Code section 6021 petition was filed against him in 2011 alleging multiple counts, including first degree burglary, vandalism, second degree burglary, and misdemeanor attempted petty theft. Wyatt admitted some of the counts and several of the others were found true by the juvenile court. As a result, Wyatt was declared a ward of the court, placed on probation, and placed in the physical custody of his father. In October 2012 a probation violation was alleged, which Wyatt admitted. In November 2012 the juvenile court continued Wyatt as a ward, again placing him in the custody of his father and under the supervision of the probation officer. On April 4, 2013, Amy K. was working as a pizza delivery person. Around 4:00 p.m. that day she received an order for a pizza delivery. When she arrived, Ronald J. answered the door and told her to bring the pizza around to the back. Once in the back, Pete S. appeared and pointed a rifle at Amy. Pete told Amy to “drop everything” and to “get down,” and she complied. At this point, Wyatt came outside and Pete handed the rifle to Wyatt.