In re Xavier A. CA3

Filed 9/24/14 In re Xavier A. CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

In re XAVIER A., a Person Coming Under the C072607 Juvenile Court Law.

THE PEOPLE, (Super. Ct. No. JV133287)

Plaintiff and Respondent,

v.

XAVIER A.,

Defendant and Appellant.

Defendant Xavier A. was adjudged a ward of the juvenile court because he committed robbery and grossly negligent discharge of a firearm. On appeal, he contends: (1) the court erred by admitting evidence concerning why he had previously fired a gun, (2) he was entitled to one additional day of predisposition custody credit, (3) the restitution fine must be reduced from $300 to $100, and (4) part of a probation condition must be removed because it is overbroad. We modify the order by reducing the restitution fine to $100 and removing the offending part of the probation condition. As modified, we affirm.

1

FACTS On December 13, 2011, defendant (15 years old, at the time) was with three other boys along Mack Road. They followed two girls, and conversed with them. One of the girls asked whether the boys were going to come to her birthday party. Defendant said he would “squeeze the function,” meaning he would shoot up the party. He then pulled out a gun and fired twice into the air. The girls ran across the street. Kristopher Jamerson approached the boys on the sidewalk. Defendant pointed the gun at Jamerson’s stomach and told him to “stick ‘em up.” As Jamerson put his hands in the air, one of the other boys punched Jamerson in the face. The boys took keys, a lighter, a pocketknife, and a cellular phone from Jamerson’s pockets, and then they fled into the neighborhood. Sacramento police officers responded to the scene and soon found and detained the four boys. The items stolen from Jamerson and a gun were found nearby. One of the girls identified defendant as the one who had the gun. A test of defendant’s hands revealed gunshot residue, while tests of the hands of the other boys were negative. PROCEDURE After a contested jurisdictional hearing, the trial court found that defendant robbed Jamerson (Pen. Code, § 211) and twice discharged a firearm in a grossly negligent manner (Pen. Code, § 246.3). The court also found that defendant personally used a firearm in the commission of the robbery (Pen. Code, § 12022.53, subd. (b)). The trial court adjudged defendant a ward of the court and (1) ordered and stayed commitment to the Division of Juvenile Facilities (now called the Division of Juvenile Justice) for a maximum of 10 years, (2) ordered placement in juvenile hall for the time already served, and (3) committed defendant to a facility in Iowa. The court also imposed a period of probation with probation conditions.