People v. L.R. (In re L.R.)

243 Cal. Rptr. 3d 717
CourtCalifornia Court of Appeal, 5th District
DecidedFebruary 15, 2019
DocketA154437
StatusPublished

This text of 243 Cal. Rptr. 3d 717 (People v. L.R. (In re L.R.)) 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. L.R. (In re L.R.), 243 Cal. Rptr. 3d 717 (Cal. Ct. App. 2019).

Opinion

SIMONS, J.

Minor L.R. appeals following the juvenile court's disposition order, arguing the juvenile court erred in denying his motion to suppress and in the imposition of a commitment term. Specifically, the court committed Minor to juvenile hall until age 21, but provided for an earlier release if and when he successfully completed a court-designated treatment program. We affirm the commitment and reject the argument that its imposition "impermissibly [d]elegated [the court's] authority to the probation department to determine the length of the commitment." We remand for the juvenile court to set an interim review hearing and otherwise affirm.

BACKGROUND

San Francisco County Offense

On December 3, 2017, in San Francisco County, a male took a woman's cellphone from her hand and passed it to Minor. Police saw the woman chasing Minor, apprehended him, and found the woman's phone in his pocket. Minor admitted to misdemeanor receiving stolen property ( Pen. Code, § 496, subd. (a) ), and the case was transferred to Contra Costa County (Minor's county of residence) for disposition.

Alameda County Offense

On February 13, 2018, in Alameda County, Minor and another male robbed two victims, whom Minor later characterized as "little kids," using a weapon Minor described as a pellet "replica" gun. Minor was apprehended at the scene and confessed to the robbery. A search of Minor's cellphone revealed an email receipt for a "Semi-Auto BB Air Pistol." Minor admitted to attempted second degree robbery ( Pen. Code, §§ 211, 664 ), and the case was *719transferred to Contra Costa County for disposition.

Contra Costa County Offense

In Contra Costa County on February 12, 2018-the day before the Alameda County robbery-two males robbed a victim at gunpoint, taking his cellphone. After Minor was arrested for the Alameda County robbery, he also confessed to the Contra Costa robbery. Minor had the Contra Costa County victim's cellphone in his possession at the time of his Alameda County arrest.

A Welfare and Institutions Code1 section 602 juvenile wardship petition alleged appellant committed second degree robbery ( Pen. Code, § 211 ), and further alleged Minor personally used a dangerous or deadly weapon, to wit, a BB gun ( Pen. Code, § 12022, subd. (b)(1) ). Minor filed a motion to suppress his statements to police, arguing they were elicited in violation of Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 ( Miranda ). Following an evidentiary hearing on both the motion to suppress and jurisdiction, the juvenile court denied the motion to suppress and sustained the allegations of the petition.

Disposition

In May 2018, the juvenile court issued a dispositional order on the three petitions. The juvenile court adjudged Minor a ward, removed him from parental custody, and committed him to a county institution to participate in and complete the Youthful Offender Treatment Program (YOTP).

DISCUSSION

I. Motion to Suppress

II. Commitment Term

A. Background

At the disposition hearing, the juvenile court expressed concern about the "serious, dangerous series of incidents ..., the use of a weapon, even if it is a BB gun, the increasing severity and victimization of people, including young kids, and having absolutely no empathy apparently or sense that he would not do it again.[4 ] I think that the intensive programming that's available to him here at YOTP is the most appropriate." The court committed Minor to a county institution for a period not to exceed the maximum custody time of seven years (less custody credits) or until he turns 21, whichever comes first, and to participate in and "successfully complete all phases of" YOTP. The court's comments and orders clearly contemplate that Minor will be released early if he successfully completes YOTP, and the parties so assume.

Minor's counsel objected "to the YOTP order with the unlimited [term]," arguing it violated "due process to order someone into a long-term program and not specifying how many days for the record." The juvenile court overruled the objection: "The YOTP program has specific modules. It has specific phases that have to be completed and classes that have to be taken. I understand the objection, but I don't think that it rises to the level of a due process issue."

The Contra Costa County Probation Department provides the following description *720of YOTP: "YOTP is a self-contained, phased, behavioral treatment unit in Juvenile Hall for 30 residents, with enriched staffing that includes a mental health specialist, teacher, and three deputy probation officers in addition to counseling staff, who work together running groups and reviewing the residents' progress to see if they are ready to move forward to the next phase. The program is cognitively based and requires the young men to work their way through and out of the program.... Custodial time is significant; sentencing to the maximum confinement time or age 21, whichever comes first. The phased program addresses a common institutional problem of residents not participating and 'waiting out their time.' [¶] Once a youth achieves his last phase and the court determines a release date, based upon his performance in the program, the resident, staff and his family, begin to work on his transition plan to the community."5

B. Analysis

When a minor is "committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward.... The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced." (§ 730, subd. (b).) "The statutory scheme governing juvenile delinquency is designed to give the court 'maximum flexibility to craft suitable orders aimed at rehabilitating the particular ward before it.' [Citation.] Flexibility is the hallmark of juvenile court law, in both delinquency and dependency interventions. [Citation.] As noted, the juvenile court has long enjoyed great discretion in the disposition of juvenile matters...." ( In re Greg F. (2012) 55 Cal.4th 393, 411, 146 Cal.Rptr.3d 272, 283 P.3d 1160.)

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
People v. Greg F.
283 P.3d 1160 (California Supreme Court, 2012)
People v. Robert M.
215 Cal. App. 4th 1178 (California Court of Appeal, 2013)
People v. I.V.
11 Cal. App. 5th 249 (California Court of Appeal, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
243 Cal. Rptr. 3d 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lr-in-re-lr-calctapp5d-2019.