In re C.A. CA3

Filed 8/14/23 In re C.A. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Tehama) ----

In re C.A., a Person Coming Under the Juvenile Court C097069 Law.

THE PEOPLE, (Super. Ct. No. 21JU-000093)

Plaintiff and Respondent,

v.

C.A.,

Defendant and Appellant.

Minor C.A., now 17 years old, was adjudged a ward of the court. He contends the juvenile court abused its discretion in committing him to the County of Tehama Secure Youth Treatment Facility (SYTF), rather than a less restrictive placement. Because, on this record, we cannot assess whether the juvenile court properly exercised its discretion, we will remand the matter for further proceedings.

1

BACKGROUND1 In December 2021, a multicount petition was filed against the minor alleging the following: rape of a child 14 years or older (Pen. Code, § 261, subd. (a)(2)), two counts aiding or abetting a rape (Pen. Code, § 264.1, subd. (b)(2)), penetration by a foreign object (Pen. Code, § 289, subd. (a)(1)(C)), possession of a handgun by a minor (Pen. Code, § 29610), and carrying a loaded firearm in public (Pen. Code, § 25850, subd. (a)). Relative to the sexual assault charges, the People also alleged the minor used a firearm during the commission of his crimes. (Pen. Code, § 12022.5.) After a contested adjudication hearing, the juvenile court dismissed the charge that the minor carried a loaded firearm in public and otherwise sustained the petition. On August 26, 2022, the probation department (Department) filed a disposition report (report) indicating this was the minor’s first offense, he lived with both parents and his siblings, and regularly attended school. The minor had no gang affiliations and no history of drug or alcohol abuse. After his arrest, while he was in custody, the minor was “well behaved.” The staff at juvenile hall described him as a “model juvenile [who] does not create problems.” Neither he nor his parents believed he raped the victim, only that he made a bad choice. The Department recommended committing the minor to the SYTF: “Although the minor has no prior record, his sustained allegations in this matter are both egregious and troubling, and he needs to be held accountable. It is apparent the minor takes minimal, if any, accountability for his actions and does not appear remorseful, instead thinking solely of how the situation has impacted him personally.