People v. Carlos J. (In re Carlos J.)

231 Cal. Rptr. 3d 160, 22 Cal. App. 5th 1
CourtCalifornia Court of Appeal, 5th District
DecidedApril 10, 2018
DocketA151369
StatusPublished
Cited by79 cases

This text of 231 Cal. Rptr. 3d 160 (People v. Carlos J. (In re Carlos J.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Carlos J. (In re Carlos J.), 231 Cal. Rptr. 3d 160, 22 Cal. App. 5th 1 (Cal. Ct. App. 2018).

Opinion

Violet Elizabeth Grayson, under appointment by the Court of Appeal.

Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Eric D. Share and Huy T. Luong, Deputy Attorneys General, for Plaintiff and Respondent.

SIMONS, Acting P.J.

*3Welfare and Institutions Code section 7341 provides that "No ward of the juvenile court shall be committed to the [Department of Juvenile Facilities (DJF) ] unless the judge of the court is fully satisfied that the mental and physical condition and qualifications of the ward are such as to render it probable that he will be benefited by the reformatory educational *4discipline or other treatment provided by the [DJF]."2 Appellant Carlos J. (appellant), *162born September 2001, appeals from the juvenile court's order committing him to the DJF. Because there is no specific information in the record regarding the programs at the DJF, we hold that no substantial evidence supports the juvenile court's finding of probable benefit from the commitment. Consequently, we reverse the commitment and remand for a new disposition hearing.

BACKGROUND

In January 2017, the Sonoma County District Attorney filed a petition under section 602, subdivision (a) (Petition), alleging that appellant committed attempted murder (Pen. Code, §§ 664/187, subd. (a) ) and assault with a firearm ( Pen. Code, § 245, subd. (a)(2) ), with firearm and criminal street gang enhancements. In February, the Petition was amended to add a third count for assault with a firearm ( Pen. Code, § 245, subd. (a)(2) ) with a criminal street gang enhancement ( Pen. Code, § 186.22, subd. (b)(1)(B) ). Appellant admitted the third count and enhancement and the other counts were dismissed.

According to the probation officer's disposition report, the Petition is based on an incident that occurred on January 1, 2017. Appellant and an older male participated in a gang-related shooting in Santa Rosa. The 18-year-old victim was standing in the driveway of a residence when appellant and the other male passed in a car. They parked down the street and approached. After a verbal confrontation, appellant and the co-participant drew firearms and shot five or six times in the direction of the victim. The victim fled toward the residence.

The police investigation identified appellant and the co-participant, and police officers interviewed appellant at his high school. Appellant admitted to the shooting. He said the victim had tried to " 'jump' him" about a year earlier. He also said he had "heat for Northerners" because they had harmed his family. The older male co-participant had driven the car and provided the firearm he used. A belt worn by appellant and photographs on his phone indicated an association with the Sureños gang.

In April 2017, following a contested dispositional hearing, the juvenile court committed appellant to the DJF. This appeal followed.

*5DISCUSSION

Appellant contends the finding of probable benefit from a DJF commitment is not supported by substantial evidence. We agree.

I. Legal Background

"We review the [juvenile] court's placement decision for an abuse of discretion. [Citation.] We review the court's findings for substantial evidence, and ' "[a] trial court abuses its discretion when the factual findings critical to its decision find no support in the evidence." ' " ( In re Nicole H. (2016) 244 Cal.App.4th 1150, 1154, 198 Cal.Rptr.3d 823.)

" ' "In determining whether there was substantial evidence to support the commitment, we must examine the record presented at the disposition hearing in light of the purposes of the Juvenile Court Law." ' " ( In re Calvin S. (2016) 5 Cal.App.5th 522, 527-528, 210 Cal.Rptr.3d 46.) The general purpose of the law, which encompasses both dependency and delinquency proceedings, is described in section 202, subdivision (a), which states that "The purpose of this chapter is to provide for *163the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor's family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If removal of a minor is determined by the juvenile court to be necessary, reunification of the minor with his or her family shall be a primary objective. If the minor is removed from his or her own family, it is the purpose of this chapter to secure for the minor custody, care, and discipline as nearly as possible equivalent to that which should have been given by his or her parents. This chapter shall be liberally construed to carry out these purposes."

Section 202, subdivision (b) contains additional language specifically applicable to the placement of juveniles in delinquency proceedings: "Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances. This guidance may include punishment that is consistent with the rehabilitative objectives of this chapter." Although section 202 " 'emphasiz[es] the protection and safety of the public, and recogniz[es] punishment as a form of guidance that holds the minor accountable for his or her behavior' .... 'the Legislature has not abandoned the traditional purpose of rehabilitation for juvenile offenders,' and '[j]uvenile proceedings continue to be primarily rehabilitative.' [Citation.] Thus, '[o]ne *6of the primary objectives of juvenile court law is rehabilitation, and the statutory scheme contemplates a progressively more restrictive and punitive series of dispositions starting with home placement under supervision, and progressing to foster home placement, placement in a local treatment facility, and finally placement at the [DJF]. [Citation.] Although the [DJF] is normally a placement of last resort, there is no absolute rule that a [DJF] commitment cannot be ordered unless less restrictive placements have been attempted.' " ( In re Calvin S. , supra , 5 Cal.App.5th at p. 528, 210 Cal.Rptr.3d 46.) A juvenile court may properly consider "a restrictive commitment as a means of protecting the public safety." ( In re Carl N.

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Cite This Page — Counsel Stack

Bluebook (online)
231 Cal. Rptr. 3d 160, 22 Cal. App. 5th 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carlos-j-in-re-carlos-j-calctapp5d-2018.