In re Luis v. CA2/7

Filed 4/17/13 In re Luis V. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re LUIS V., B238829

a Person Coming Under the Juvenile (Los Angeles County Court Law. Super. Ct. No. FJ48648)

THE PEOPLE,

Plaintiff and Respondent,

v.

LUIS V.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Shep Zebberman, Juvenile Court Referee. Affirmed. Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, James William Bilderback II and Sonya Roth, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

INTRODUCTION

Appellant Luis V. appeals from an order of the juvenile court committing him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ). He contends the juvenile court abused its discretion when it ordered the DJJ commitment. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant’s DJJ commitment resulted from two delinquency petitions, the first concerning an incident in Orange County that occurred when appellant was 14 years old, and the second concerning an incident occurring two years later in Los Angeles County, when appellant was 16 years old. However, the Los Angeles County delinquency petition was adjudicated prior to the earlier Orange County delinquency petition. In January 2009, Rafael N. and Jonathan M. were in Rafael’s car in Santa Ana, when they were approached by appellant and two companions. Appellant demanded Rafael’s keys at gunpoint, and his companions assaulted Jonathan M. After Rafael surrendered his car keys, wallet and cell phone, appellant and his companions fled in Rafael’s car.1 Jonathan suffered multiple lacerations and bruising to his face. On March 17, 2011, Norma Martinez was on a street in Los Angeles when appellant and a companion snatched her purse and fled, causing injury to her finger. The Los Angeles District Attorney filed a delinquency petition alleging appellant had committed robbery (Pen. Code, § 211). In a negotiated disposition, appellant waived his