In re S.T. CA1/4

Filed 3/15/13 In re S.T. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re S.T., a Person Coming Under the Juvenile Court Law. THE PEOPLE, A135969 Plaintiff and Respondent, (Sonoma County v. Super. Ct. No. 36663J) S.T., Defendant and Appellant.

S.T. (Minor) appeals a dispositional order committing him to juvenile hall. (Welf. & Inst. Code,1 § 602.) We shall modify the order to remove a reference to “any other penal institution,” and to award Minor predisposition custody credits. As so modified, we shall affirm the order. I. BACKGROUND Minor was originally declared a ward of the court after a petition was filed pursuant to section 602 in September 2010, when he was 15 years old, alleging he had defaced property with graffiti (Pen. Code, § 594, subd. (a)), associated with a criminal street gang (Pen. Code, § 186.22), and possessed a billy club (Pen. Code, former § 12020, subd. (a)(1), now Pen. Code, § 22210). Minor admitted the allegations of the petition. Four additional petitions were filed over the next 13 months; the sustained allegations of

1 All undesignated statutory references are to the Welfare and Institutions Code.

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those petitions included stealing a case of beer (Pen. Code, § 484, subd. (a)), grand theft (Pen. Code, § 487, subd. (c)), and escaping from probation camp (§ 871, subd. (a)). Minor was placed on probation in the home of his parents in November 2010. It appears that in April 2011, after admitting the grand theft count, being reinstated on home probation, and violating his probation by testing positive for cocaine, Minor was placed in probation camp.2 At the beginning of the time pertinent to the issues in this appeal, Minor was in juvenile hall after escaping from probation camp on October 15, 2011. A sixth petition was filed on October 28, 2011, alleging Minor committed battery on another minor. (Pen. Code, § 242.) The incident had occurred in juvenile hall, as Minor awaited transfer back to probation camp. Minor admitted the allegation, and the juvenile court sustained the petition and retained him as a ward of the court. At the dispositional hearing, the probation officer recommended that Minor be returned to probation camp, and the prosecutor argued that defendant had “had his chance” at probation camp and should not be returned there. The juvenile court imposed and suspended a term of 36 months and 20 days, and ordered Minor recommitted to probation camp. In doing so, the court noted that the probation camp had a “full house” and that many people wanted to be placed there, and told Minor: “What that means is that if you mess up, you don‟t obey the rules at camp, you get into another problem at the hall, it‟s going to be very clear to me . . . that the punishment that will be imposed is 36 months and 20 days plus any additional time you may get if you get another 602 petition. So you have no margin for error. Otherwise, you will spend until you turn 19 in the hall, and on your 19th birthday they‟ll send you to the county jail to serve out the rest of your time. So you can either try and make it at camp or spend your time locked up. That will be up to you. But the judge will know, whether it‟s me or somebody else, that that time has been hanging over your head; and, with it hanging over your head, you chose not to