In re Robert X. CA5

Filed 3/18/13 In re Robert X. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ROBERT X., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F065235

Plaintiff and Respondent, (Super. Ct. No. JL003047)

v. ROBERT X., OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. David W. Moranda, Judge. Robert McLaughlin, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Cornell, Acting P.J., Poochigian, J., and Detjen, J.

On April 10, 2012,1 pursuant to a negotiated disposition, appellant, Robert X., a minor, admitted allegations that he committed violations of Penal Code section 692 (obstructing or resisting an executive officer by means of threat or violence), a felony, and Vehicle Code section 10852 (tampering with a motor vehicle), a misdemeanor, and that he committed the former offense for the benefit of, at the direction of or in association with a criminal street gang, with the specific intent to promote, further or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)(A)). Also pursuant to the negotiated disposition, the court dismissed two other felony allegations—street terrorism (§ 186.22, subd. (a)) and possession of a firearm in violation of condition of probation (§ 29815, subd. (a))—and the following five misdemeanor allegations: resisting an officer (§ 148, subd. (a)(1)), providing false identification information to an officer (§ 148.9, subd. (a)), possession of a deadly weapon with intent to assault (§ 17500), possession of live ammunition (§ 29650), and possession of burglary tools (§ 466). At the disposition hearing on April 24, the court continued appellant as a ward of the court,3 placed him under the supervision of the probation department for placement in the home of his mother, and ordered him committed to the Bear Creek Academy Youth Treatment Program.