In re Jonathan Q.

Filed 6/30/08 In re Jonathan Q. CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

APPEAL from an order of the Superior Court of San Diego County, John L. Davidson, Judge. Affirmed.

In June 2003 Jonathan Q., then 17 years old, admitted assaulting his brother with a knife, and the juvenile court sustained the delinquency petition. (Pen. Code,  245, subd. (a)(1).) Subsequently, the court declared Jonathan a ward (Welf. & Inst. Code,^[1] 602) and committed him to the California Youth Authoritynow known as the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF)for four years.^[2]

On March 23, 2007, the District Attorney of San Diego Countyacting at the request of the DJF, petitioned the superior court to extend Jonathan's term of confinement for two years under section 1800 et seq., the juvenile Extended Detention Act .^[3]

On August 24 after a four-day jury trial, the jury returned a special finding in favor of the petitionnamely, that Jonathan is "physically dangerous to the public because of his mental or physical deficiency, disorder, or abnormality which causes him to have serious difficulty controlling his dangerous behavior."

The trial court extended Jonathan's commitment to DJF for two additional years.

FACTS

Jonathan has a long history of involvement with the dependency and delinquency branches of the juvenile court. He was less than a year old when he was removed from his parents' home for severe neglect and abuse. Jonathan was reunited with his parents when he three years old under a family maintenance program, but was removed from parental custody a year later because of physical abuse, neglect and malnourishment. About four years later, Jonathan was returned to his father's care, but again removed after a year because of abuse by his mother and her boyfriend. This pattern of return and removal continued through early 1999, when Jonathan was 13 years old. Throughout these years, Jonathan had been placed at 22 placements, such as foster care or group homes, which ultimately asked him to leave. Among other things, Jonathan was considered a suicide risk, needed special counseling and special education and had a history of arson and assaultive behavior.

In September 2001 when Jonathan was 16 years old, he was arrested for making a criminal threat and assault with a deadly weapon. Jonathan had run away from a group home and, after he was returned to the home, he pulled a lighter with a torch-type flame out of his pocket and threatened a counselor, saying, "I'm going to burn you." The delinquency petition was sustained and Jonathan was adjudicated a ward.

In April 2002 the juvenile court continued Jonathan as a ward and placed him with his father. Also living in the household were some of Jonathan's brothers, his stepmother and his half sister. Dependency jurisdiction was terminated on April 18, 2003.

On May 30 Jonathan assaulted one of his brothers with a knife. The incident started when the brother ignored Jonathan's request to stop throwing a bean bag at him. The brother, who had been taunting Jonathan for a week, continued to throw the bean bag after Jonathan said there "would be consequences." Jonathan retrieved a knife from the kitchen and swung it at his brother; the knife slashed his brother's left triceps, inflicting a two- to three-inch laceration, and his right forearm, inflicting a one-inch laceration. Jonathan then went into the kitchen, retrieved another knife and cut himself on the forearm. This was the incident that led to the DJF commitment.

Jonathan was initially placed in the general population and then an intensive treatment program, before transferring to another intensive treatment program, where he stayed for nearly two years. While he was there, Jonathan received disciplinary actions 11 times for fights with his peers and/or making verbal threats or engaging in threatening behavior. Jonathan also told his counselor about extremely violent fantasies he had.

In December 2005 Jonathan was admitted to Metropolitan State Hospital because of his escalating negative behavior, which included smearing his feces on the wall. The hospital staff discharged Jonathan, and he was transferred to two other DJF institutions, where the staff reported he did not make any significant improvement.

In June 2006 Jonathan was transferred to the Preston Youth Correctional Facility's Special Behavioral Treatment Program at the Sequoia living unit, a unit specializing in the treatment of youth with serious mental illness coupled with violent behavior.

On October 4 the Board of Parole Hearings ordered a section 1800 screening.

Psychologist James Telander diagnosed Jonathan as having posttraumatic stress disorder, schizoaffective disorder, schizotypal personality disorder and antisocial personality traits. Although Telander pointed out that Jonathan had "demonstrated steadily improving behaviors" in the Sequoia unit, the psychologist also noted that Jonathan had shown setbacks as well, such as the eight documented occasions in which he made verbal threats against staff. In conclusion, Telander reported:

"Jonathan presents a significant and potential physical danger to the community at this time due to his mental disorder resulting from chronic reaction to his chaotic, abusive and neglected childhood. He displays [a] historical pattern of violence and his admitted struggles with ongoing violent fantasies. The impact of his childhood trauma has allowed Jonathan to develop a sadist core out of which he demonstrates continued threats of graphic violence toward others, and an ongoing violent fantasy life. While he has not demonstrated recent significant violence, the structure provided in the incarcerated setting has supported Jonathan keep[ing] his fantasy life in control."

DISCUSSION

Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether there were prejudicial procedural irregularities with respect to the Extended Detention Act; (2) whether the Extended Detention Act is constitutional; (3) whether the juvenile court erred in designating the assault with a deadly weapon true finding in 2003 as a section 707, subdivision (b) offense; and (4) whether there was sufficient evidence to support the jury's finding that Jonathan was "physically dangerous to the public because of his mental or physical deficiency, disorder, or abnormality which causes him to have serious difficulty controlling his dangerous behavior."

We granted Jonathan permission to file a brief on his own behalf. He has not responded.

A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Jonathan on this appeal.

DISPOSITION

The judgment is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

HALLER, J.

IRION, J.

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^[1] Further statutory references are to the Welfare and Institutions Code.

^[2] Effective July 1, 2005, the California Youth Authority became known as the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (Welf. & Inst. Code, 1703, subd. (c), 1710, subd. (a).)

^[3] Section 1800 reads in pertinent part: "(a) Whenever the Division of Juvenile Facilities determines that the discharge of a person from the control of the division at the time required . . . would be physically dangerous to the public because of the person's mental or physical deficiency, disorder, or abnormality that causes the person to have serious difficulty controlling his or her dangerous behavior, the division . . . shall request the prosecuting attorney to petition the committing court for an order directing that the person remain subject to the control of the division beyond that time. . . ."