In re Alexis D. CA1/5

Filed 8/24/20 In re Alexis D. CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re ALEXIS D., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A158530 Plaintiff and Respondent, v. (Contra Costa County Super. Ct. No. J17-00946) ALEXIS D., Defendant and Appellant.

Alexis D. appeals from a dispositional order committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (Division) after he admitted committing second degree robbery (Pen. Code §§ 211, 212.5, subd. (c)) at the age of 17. He argues the juvenile court abused its discretion by committing him to the Division. We affirm. BACKGROUND A. Alexis, and two males, identified as David and Carlos, approached the 14-year-old victim, and demanded his “stuff.” David put a handgun to the boy’s head, threatened to shoot if he did not

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cooperate, and told him to “strip.” The victim took off his clothes, shoes, glasses, belt, and headphones, and gave them to David. David “pistol whipped” the victim, pointed the gun at him, and demanded his phone. The boy threw his phone on the ground but was later able to retrieve it and run home. Two witnesses said Alexis was carrying a handgun in his waistband during the robbery. When he was arrested, Alexis had five Xanax pills in his possession. The Contra Costa County District Attorney filed a wardship petition (Welf. & Inst. Code § 602, subd. (a)),1 alleging that, in addition to the robbery charge, Alexis was armed with a firearm during the offense (Pen. Code § 12022, subd. (a)(1)). Alexis pled no contest to the robbery charge in exchange for dismissal of the firearm enhancement and an agreement that if he successfully completed probation, the count would be reduced to grand theft (id., § 487, subd. (c)). In its disposition report, the Contra Costa County Probation Department (Probation) rejected ranch placement as insufficiently secure and, instead, recommended Alexis be committed to the Youth Offender Treatment Program (Program) at juvenile hall. The recommendation was based on the gravity of Alexis’s offense, as well as an assessment of his needs. The probation officer noted Alexis struggled with truancy and behavioral problems during his three years in high school, where he had earned less than 25 percent of the credits needed for graduation. Alexis reported this was due, in part, to him leaving school one year to work in landscaping to help support his family. Alexis also repeatedly witnessed domestic violence in his home