Fear Not Law Articles: In re Johnny N.

In re Johnny N

In re Johnny N.

Filed 2/22/07 In re Johnny N. CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

In re JOHNNY N., a Person Coming Under the Juvenile Court Law.

B190625

(Los Angeles County

Super. Ct. No. TJ13878)

THE PEOPLE,

Plaintiff and Respondent,

JOHNNY N.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Charles Q. Clay III, Judge. Affirmed.

Jeralyn Keller, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels, Supervising Deputy Attorney General, and Sarah J. Farhat, Deputy Attorney General, for Plaintiff and Respondent.

            Johnny N. appeals from the order continuing wardship entered following a finding that he committed robbery with personal use of a firearm. He was committed to the California Youth Authority and contends that his counsel provided ineffective assistance in allowing his disposition hearing to be continued until after he reached an age when he was no longer eligible for less restrictive placement options. We affirm.

BACKGROUND

            The minor was born in October 1987. At an adjudication hearing conducted in May 2005, the evidence established that on February 11, 2005, the minor entered a store in Compton, pointed a gun at the cashier, and demanded money, which the cashier surrendered. Afterward, in compliance with the minor's demands, the cashier got on the floor and counted to 30 while the minor fled.

            A probation officer's report prepared while the adjudication was pending recounted that in January 2004 the minor was found to have committed grand theft, arising out of an incident in which the minor and his companions demanded money from the victim. The minor was placed in a camp community placement program, from which he was released in June 2004. Shortly afterward, he dropped out of school, where he had apparently been a special education student, and stopped reporting to the probation officer. A bench warrant for the minor was issued in July 2004, which remained outstanding until he was arrested for the current offense. The probation officer stated she had strongly considered recommending a second, longer-term camp program, but based on the minor's use of a gun in the current case had decided to recommend that the minor be committed to the Youth Authority.

            At the conclusion of the adjudication hearing, the court asked if counsel wanted to proceed with the disposition hearing. The minor's counsel, Deputy Public Defender Paul Garcia, said he would be willing to proceed, but only if the court would go against the probation officer's recommendation and order long-term camp placement. Otherwise, counsel would need time to prepare. The court stated that it would like to hear argument and set a disposition hearing for June 3, 2005.

            On June 3, 2005, Garcia asked for a continuance, stating that the social worker had not completed her report on the case and that counsel was making inquiry of the â€

Description	Johnny N. appeals from the order continuing wardship entered following a finding that he committed robbery with personal use of a firearm. He was committed to the California Youth Authority and contends that his counsel provided ineffective assistance in allowing his disposition hearing to be continued until after he reached an age when he was no longer eligible for less restrictive placement options. Court affirm.
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