In re M.D. CA5

Filed 5/10/21 In re M.D. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 M.D., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F081441

Plaintiff and Respondent, (Super. Ct. No. JJD072309)

v. OPINION M.D.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Hugo J. Loza, Judge. Arthur L. Bowie, 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, Julie A. Hokans and Timothy L. O’Hair, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Franson, J. and Smith, J.

Minor, M.D., appeals from a disposition order committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ). (Welf. & Inst. Code, § 602.) He contends that the juvenile court abused its discretion by committing him to DJJ. The People disagree. We affirm. PROCEDURAL SUMMARY Prior Petitions and Violations of Probation On June 27, 2019, the Tulare County District Attorney filed a third amended wardship petition (Welf. & Inst. Code, § 602, subd. (a)) in case No. JJD072309 (first petition), alleging minor committed grand theft (Pen. Code, § 487, subd. (a);1 count 1), receiving stolen property (§ 496, subd. (a); count 2), and giving false information to a police officer (§ 148.9, subd. (a); count 3). On July 3, 2019, minor admitted the truth of the petition in exchange for an opportunity to participate in the deferred entry of judgment program. The matter was referred to the probation department for a disposition report and recommendation and scheduled for a disposition hearing on August 5, 2019. Minor was released to his mother’s custody pending the disposition. On July 23, 2019, the Tulare County District Attorney filed a wardship petition (Welf. & Inst. Code, § 602, subd. (a)) in case No. JJD072309 (second petition), alleging that on July 20, 2019, minor received a stolen vehicle (§ 496d, subd. (a); count 1), and unlawfully drove or took a vehicle (Veh. Code, § 10851, subd. (a); count 2). On July 31, 2019, minor entered a conditional plea whereby he admitted the truth of the second petition in exchange for an additional opportunity to participate in a deferred entry of judgment program. On August 19, 2019, the juvenile court determined minor was not suitable for deferred entry of judgment. The juvenile court declared minor a ward of the court, granted him probation, and permitted him to reside with his father.