In re A.H. CA2/6

Filed 12/21/20 In re A.H. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.H., a Person Coming 2d Crim. No. B303492 Under the Juvenile Court Law. (Super. Ct. No. 1436363-D) (Santa Barbara County)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.H.,

Defendant and Appellant.

After A.H. admitted an allegation that she committed first degree robbery (Pen. Code, §§ 211, 212.5, subd. (a)), the juvenile court sustained a wardship petition (Welf. & Inst. Code, § 602) and ordered her committed to the custody and care of the Division of Juvenile Justice (DJJ) for a maximum term of seven years (id., § 731). A.H. contends the court erred when it ordered a DJJ placement. We affirm.

FACTUAL AND PROCEDURAL HISTORY In June 2019, John Doe called Santa Maria police and told them that he had been kidnapped and that his car had been stolen. Earlier that day, 16-year-old A.H. sent Doe a text message saying that she wanted to hang out, and asked him to meet her at a motel. When he arrived, A.H. escorted him to a room where another female was present. After Doe sat down on the bed, two males walked out of the bathroom. One of them had a gun. He put it against Doe’s head, and ordered him to empty his pockets. The two males showed Doe that the gun was loaded. They punched him and told him that they would kill him and his family if he did not do as he was told. They took his cell phone, necklace, cash, and car keys, and forced him to undress. After about 30 minutes, one of the gunmen, A.H., the other female, and Doe got into Doe’s car and drove to an apartment complex. Once they arrived, the gunman told Doe to get out of the car. Doe complied, and the gunman drove away in Doe’s car. Doe walked home and called 911. Police arrested A.H. and her accomplices over the course of the next few days. A.H. received several reports for disruptive behavior while in custody pending disposition of the case. She refused to attend school, did not follow staff instructions, was disrespectful toward staff, and got into verbal and physical altercations. She was also found in possession of contraband. At the disposition hearing, the juvenile court noted that A.H. had been in 23 different foster and group homes before she was declared a ward of the court in the instant case. She was not successful in these placements. She violated the terms of probation. She had poor behavior and did not comply with the