In re Marcus O. CA5

Filed 8/17/15 In re Marcus O. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 MARCUS O., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F070022

Plaintiff and Respondent, (Super. Ct. No. 513480)

v. OPINION MARCUS O.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Valli Israels, Judge. Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Lewis A. Martinez and Gregory B. Wagner, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

*Before Hill, P.J., Kane, J., and Smith, J.

Marcus O., a minor, was found by the juvenile court to have fired a gun at a dwelling. While out on probation after serving time in juvenile hall for this offense, Marcus went to the home of another minor and again fired a gun. After a contested hearing, the juvenile court found that Marcus violated the terms of his probation and committed him to the Department of Juvenile Justice (DJJ). Marcus now argues that the juvenile court abused its discretion by refusing his request for commitment to a less- restrictive setting. We affirm. FACTS AND PROCEDURAL HISTORY On November 26, 2013, the district attorney filed a juvenile wardship petition pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging that Marcus committed three offenses on November 23, 2013, when he was 16 years old: (1) discharging a firearm at an inhabited dwelling (Pen. Code,1 § 246); (2) possessing a concealable weapon without written permission of his parent or guardian (§ 29610); and (3) resisting arrest (§ 148, subd. (a)(1)). At the pretrial hearing, Marcus pleaded no contest to count 1. Counts 2 and 3 were dismissed. The probation officer prepared a dispositional social study. The report stated that in the early morning of November 23, 2013, residents of a house in Modesto called the police to report that a shot had been fired through their window from a green car. Officers found a car matching the description given and pulled it over. Marcus emerged from the front passenger door and fled, dropping a nine-millimeter handgun as he ran. A nine-millimeter shell casing was found in the street in front of the house. There were bullet holes in a window and a back wall of the house. A pregnant woman had been sleeping near the window. Rudy Luna, a resident of the house, was standing on the front porch when the green car first passed the house. The shot was fired when the car