In re A.A. CA1/4

Filed 12/12/14 In re A.A. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.A., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A141745 v. (Contra Costa County A.A., Super. Ct. No. J10-00324) Defendant and Appellant.

A.A. (Minor) appeals a dispositional order of the juvenile court committing him to the Youthful Offender Treatment Program (YOTP) after he pleaded no contest to unlawfully possessing a loaded firearm. He contends the juvenile court abused its discretion by failing to inquire further into other possible placements. Finding no abuse of discretion, we shall affirm the order. I. BACKGROUND A. The Current Offense The Contra Costa County district attorney filed a supplemental juvenile wardship petition on February 24, 2014 (Welf. & Inst. Code,1 § 602, subd. (a)) alleging Minor, then 17 years old, had actively participated in a criminal street gang (Pen. Code, § 186.22, subd. (a)) and unlawfully possessed a loaded firearm while a member of a criminal street 1 All undesignated statutory references are to the Welfare and Institutions Code.

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gang (Pen. Code, §§ 25850, subds. (a) & (c)(3)). The petition also alleged ten prior offenses, and alleged that Minor had admitted a count of possessing a sawed-off shotgun in April 2013. (Pen. Code, § 33210.) On the same date, the Contra Costa County probation department filed a notice of probation violation hearing, alleging Minor had violated the terms of his probation by being away from his home without his parent or guardian during the hours of his curfew. According to an accompanying probable cause declaration and the later probation department’s report, an officer had stopped a vehicle with faulty license plate lamps and expired registration at about 8:44 p.m. on February 21, 2014. He saw two people in the front seat and Minor in the back seat. All three of them were wearing red clothing, which is typical of members of the Norteño street gang, and had tattoos identifying themselves as Norteños. The officer noticed a shotgun between the front seat passengers. The gun was loaded with live ammunition. An unloaded shotgun was found in the trunk, along with a scale and a bag of marijuana. A search of defendant’s phone showed pictures of both shotguns with gang memorabilia around them and of Minor holding the same gun that was found in the vehicle. Minor pled no contest to one felony count of unlawfully possessing a loaded firearm (Pen. Code, § 25850, subd. (a)), and the remaining counts were dismissed. B. Prior Juvenile Court History Minor first came to the attention of the juvenile court in April 2010, when the district attorney filed a petition pursuant to section 602 alleging Minor, then 13 years old, had committed first degree residential burglary in September 2008 (Pen. Code, §§ 459 & 460, subd. (a)) and possessed a weapon on school grounds in November 2009 and January 2010 (Pen. Code, § 626.10, subd. (a)). According to the probation officer’s report, Minor and a co-defendant stole items from the home of a friend’s mother in 2008. Minor successfully completed a diversion program through the police department. In November 2009, he was found in possession of a BB gun on school grounds, and was again given diversion through the police department but failed to complete it. In January 2010, he was found with a switchblade knife on campus, and the district attorney thereafter filed the original wardship petition.