In re D.R. CA3

Filed 1/29/21 In re D.R. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re D.R., a Person Coming Under the Juvenile Court C090961 Law.

THE PEOPLE, (Super. Ct. No. JV139770)

Plaintiff and Respondent,

v.

D.R.,

Defendant and Appellant.

The juvenile court sustained allegations of a juvenile wardship petition charging Minor D.R., who was 14 at the time of his commitment, with one count of robbery and two counts of attempted robbery. Following a contested disposition hearing, the minor was adjudged a ward of the Sacramento County Juvenile Court and committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ). On

1

appeal, the minor contends the juvenile court abused its discretion by committing him to a Level A facility. We affirm the judgment.

FACTS AND PROCEDURAL HISTORY

The Sacramento County District Attorney filed a petition under Welfare and Institutions Code section 602 (Statutory section references that follow are to the Welfare and Institutions Code unless otherwise stated), charging the minor in count one with misdemeanor battery (Pen. Code, § 242) and in count two with misdemeanor trespass (Sac. City Code, § 9.16.140, subd. (b)(1)). The District Attorney filed a second wardship petition charging the minor in count one with making a criminal threat (Pen. Code, § 422), in count two with unlawfully taking and driving a vehicle (Veh. Code, § 10851, subd. (a)), and in count three with receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)). The District Attorney filed a third wardship petition charging the minor in count one with robbery (Pen. Code, § 211), and in counts two and three with attempted robbery (Pen. Code, §§ 664/211). The minor denied all charges in the petitions. A contested jurisdictional hearing was held on the third wardship petition. R.B., a pharmacist, testified that she and her technician were working at a Walgreens when two male suspects, later identified as D.S. and the minor, jumped over the pharmacy counter. The two males confronted R.B. and her technician, demanding OxyContin and promethazine with codeine. R.B. tried to explain that the drugs were in a time-delayed safe and she could not make it open right away. The minor and D.S. jumped back over the counter and fled. Another Walgreens employee, C.V., saw the perpetrators as they fled the store and recognized the male wearing the blue hoodie as the minor. Another pharmacist, K.L., testified that on the same day, she and intern T.L. were working at a nearby Rite Aid. About 30 minutes after the minor and D.S. fled Walgreens, K.L. noticed two males--one wearing a gray hoodie and the other a blue hoodie, who she later identified as the minor--looking into the pharmacy. She became