In re S.T. CA3

Filed 9/23/14 In re S.T. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re S. T., a Person Coming Under the Juvenile Court C074236 Law.

THE PEOPLE, (Super. Ct. No. 68581)

Plaintiff and Respondent,

v.

S. T.,

Defendant and Appellant.

The minor S. T. admitted allegations that he committed felony receiving stolen property, two counts of petit theft, two counts of prowling, and one count of misdemeanor vandalism. The juvenile court declared the minor a ward of the court, removed him from parental custody, placed him in the care of the probation department pending a suitable placement, imposed various probation conditions, and awarded 284 days of predisposition custody credit.

1

The probation department filed a petition to modify the previous orders (Welf. & Inst. Code,1 § 778) after the minor ran away from three placements since the disposition hearing. Following a contested hearing on the minor’s motion to prevent out-of-state placement, the juvenile court placed the minor at the Clarinda Academy in Clarinda, Iowa. On appeal, the minor contends the juvenile court abused its discretion and denied him due process in failing to grant a continuance at the hearing on out-of-state placement. The minor also contends the juvenile court failed to award precommitment credits. We shall order precommitment credits and affirm the judgment as modified. BACKGROUND We dispense with details of the minor’s offenses as they are unnecessary to resolve this appeal. The report for the initial disposition hearing was filed in September 2012. It noted the minor was born in January 2000. The minor had referrals for 29 offenses, including one for robbery and six for burglary. The minor had been booked into juvenile hall 11 times for a total of 276 days of incarceration. He had 13 write ups for disobedience since his initial detention. The minor had been released to electronic monitoring on “numerous occasions,” but accumulated six orders to show cause for going out of range, running away, leaving home without permission, or incurring new offenses. The minor took several medications for mental health and had an extensive history with mental health issues. He was found incompetent at a March 2011 competency hearing and ordered to undergo competency training. The training was delayed due to the minor’s new violation and failure to attend training, so he was not deemed competent