In re Isaac C. CA5

Filed 1/8/21 In re Isaac C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ISAAC C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F079792

Plaintiff and Respondent, (Super. Ct. No. 16CEJ600196-4)

v. OPINION ISAAC C.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Mary Dolas, Judge. Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Ward A. Campbell, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Peña, J. and Meehan, J.

Minor Isaac C. contends the juvenile court abused its discretion when it committed him to the New Horizons program rather than the Substance Abuse Unit. We affirm. BACKGROUND On June 21, 2016, an original Welfare and Institutions Code section 602 petition was filed in Fresno County, alleging that minor committed felony attempted robbery. (Pen. Code,1 §§ 211, 664.) On January 26, 2017, minor was declared a ward of the court and placed on probation. On August 9, 2017, a subsequent petition was filed in Fresno County, alleging minor had committed misdemeanor petty theft. (§ 484, subd. (a).) The following day, the court sustained the petition and continued minor on probation. On October 16, 2018, a petition was filed in Madera County, alleging that minor had committed misdemeanor resisting arrest. (§ 148, subd. (a)(1).) On November 13, 2018, the petition was transferred to the Fresno County Superior Court and, on November 29, 2018, minor was continued on probation. On January 23, 2019, minor was placed at the New Start Youth Facility in Bakersfield. He absconded the next day. The court revoked minor’s probation on all three petitions, and a bench warrant was issued for his arrest. Minor was subsequently located and the bench warrant was withdrawn. On May 24, 2019, the Los Angeles County District Attorney filed a petition under Welfare and Institutions Code section 602 alleging minor committed felony second degree robbery. (§ 211.) The allegation arose out of a May 22, 2019 incident in which minor and two companions absconded from the Optimist Youth Homes in Los Angeles County, stole a bottle of Fireball from a drug store, drank it, then proceeded to a market where they punched the cashier and took cash, alcohol, cigarette lighters, and Swisher Sweets cigarillos, before fleeing on foot. In a field show up, the cashier identified minor