In re Abraham S. CA2/6

Filed 4/7/15 In re Abraham S. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re ABRAHAM S., a Person Coming 2d Juv. No. B256570 Under the Juvenile Court Law. (Super. Ct. No. 2013036000) (Ventura County)

THE PEOPLE,

Plaintiff and Respondent,

v.

ABRAHAM S.,

Defendant and Appellant.

Abraham S. appeals the juvenile court's order committing him to the Department of Corrections and Rehabilitation, Department of Juvenile Justice (DJJ) for a maximum of nine years. He also appeals the denial of his motion to modify his DJJ commitment (Welf. & Inst. Code,1 § 779). Appellant contends the court abused its discretion in committing him to DJJ. We affirm. FACTS AND PROCEDURAL HISTORY Appellant was born in July 1996. In February 2009, he was detained on a charge of battery on school property (Pen. Code, § 243.2, subd. (a)(1)). He was subsequently referred to a program but failed to complete it.

1 All undesignated statutory references are to the Welfare and Institutions Code.

Later that same year, appellant was granted diversion (§ 654.2) for separate incidents of grand and petty theft (Pen. Code, §§ 484, subd. (a), 487, subd. (a)). In 2010, he was charged with possessing marijuana (Health & Saf. Code, § 11357, subd. (e)) and was referred to a program he failed to complete. In June 2011, appellant pointed what appeared to be a sawed-off shotgun at someone's chest and demanded his property. The court sustained a petition charging him with robbery (Pen. Code, § 211) and ordered him to serve 365 days in juvenile hall. Less than a month later, appellant and his companions robbed multiple victims of their cell phones by intimidating them with a BB gun. The court sustained a subsequent petition charging him with four counts of robbery and other crimes. The probation department recommended a DJJ commitment, but the court ordered an additional 365-day commitment to juvenile hall. In June 2013, appellant was found in violation of his probation for, among other things, using a controlled substance, possessing a weapon, and associating with gang members. He was ordered to spend an additional 120 days in juvenile hall. The following August, he violated probation again by assaulting other juvenile hall residents. The court vacated the remainder of the previous commitment and ordered a commitment of 210 days in juvenile hall with credit for 76 days served. Less than a month after his release from juvenile hall in October 2013, appellant and two companions approached 17-year-old Sammy G. and asked him if he was from the "Via Campesina tagging crew." Sammy responded that he used to hang out with "VCP" but no longer did so. Appellant called Sammy a "bitch." Appellant and his companions surrounded Sammy and hit him in the face. After Sammy was pushed to the ground, appellant and his companions repeatedly hit and kicked him until neighbors intervened. Sammy suffered a concussion, a fractured nose, and psychological trauma as a result of the incident. Appellant was apprehended nearby and brought to the scene of the assault, where Sammy identified him as one of his attackers. The other assailants, one of whom