People v. Gwenette D.

[1249]Opinion

RACANELLI, P. J. Appellant, Gwenette D., was a 17-year-old minor at the time she admitted the allegations of a petition filed under Welfare and Institutions Code section 602.1 She appeals from the juvenile court’s order committing her to a locked facility. Prior to filing of her opening brief on appeal, she became 18 years old.

Factual and Procedural Background

On July 12, 1985, Gwenette and five other juveniles entered a sportswear store, locked the front door, pulled the telephone from the wall and removed a number of warm-up suits from the racks. The single sales clerk in the store was frightened by their actions and screamed for help. A witness attempted to stop the juveniles as they escaped in a stolen automobile, but was knocked to the ground by the car. The group was finally detained at a bridge toll plaza and Gwenette and another of the female juveniles were apprehended fleeing from the car. The abandoned car contained the stolen garments as well as other stolen items.

On July 16,1985, a petition was filed under section 602 alleging a violation of Penal Code section 459 (burglary). It was subsequently amended to refer to Penal Code section 490.5 (petty theft from a merchant).

Gwenette had been a ward of the court on three previous occasions, all connected with shoplifting. She had been returned to the custody of her mother on the first two occasions, but in June 1984, her mother requested that an out-of-home placement be made due to her inability to control Gwenette. Gwenette was placed in a group home, but she ran away after approximately one month. After another shoplifting incident, she was subsequently returned to her mother. She failed to comply with the conditions imposed by the court. At some point, her mother sent her to live with an aunt in Ukiah. Gwenette, however, returned to the Bay Area within a few days.

Prior to the dispositional hearing in the most recent matter, Gwenette’s probation officer submitted a report to the court stating that the case had been evaluated by a screening committee and that the unanimous recommendation was for placement in the Contra Costa County Girl’s Center, a locked facility. Gwenette’s mother concurred in this recommendation. A social worker submitted a report which recommended commitment to an “open setting” such as a group home. Gwenette expressed her desire for placement in a group home.