In re Mohamed A.
Filed 1/21/10 In re Mohamed A. CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re MOHAMED A., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. MOHAMED A., Defendant and Appellant. | D055048 (Super. Ct. No. JCM200401) |
APPEAL from a judgment of the Superior Court of San Diego County, Browder A. Willis III, Judge. Affirmed.
Mohamed A. entered a negotiated admission to assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)).[1] The court continued Mohamed as a ward and committed him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) for seven years. Mohamed appeals. We affirm.
BACKGROUND
In September 2004 13-year-old Mohamed entered a negotiated admission to misdemeanor assault with a deadly weapon and by means of force likely to produce great bodily injury ( 245, subd. (a)(1), 17, subd. (b)(4)). In November the court declared him a ward, ordered him placed him with his mother under the supervision of the probation officer and stayed a commitment to the Breaking Cycles program. Three weeks later, Mohamed entered a negotiated admission to assault by means of force likely to produce great bodily injury. The court vacated the stay of the Breaking Cycles commitment. Following that commitment, Mohamed was detained in juvenile hall, where he had 20 incident reports for behavioral issues, including groping another minor's genitals and threatening to rape and kill a staff member. In 2005 Mohamed admitted violating probation and the court ordered him placed with a community based organization (CBO). No CBO had space for him, however. He was detained at juvenile hall, where he continued to be completely defiant. In August the court ordered him placed with his mother under the supervision of the probation officer. In October Mohamed entered a negotiated admission to misdemeanor resisting a public officer ( 148, subd. (a)(1)). The court again ordered him placed with his mother under the supervision of the probation officer.
In September 2006 Mohamed entered a negotiated admission to petty theft ( 484). In October the court ordered him placed in a residential treatment facility under the supervision of the probation officer. In January 2007 Mohammed was placed at Trinity-Whitewater. Less than two weeks later, Trinity-Whitewater officials requested he be removed because he was disruptive and made threats toward himself and others. In February Mohammed was placed at Aiming High. His out-of-control behavior continued. After approximately three weeks at Aiming High, Mohammed admitted violating probation. In March the court ordered him committed to Breaking Cycles for 240 days. In April Mohammed began his Breaking Cycles program at the Juvenile Ranch Facility (JRF). Ten days later he was removed from JRF for defiant and threatening behavior. In June he entered a negotiated admission to misdemeanor battery on a peace officer ( 243, subd. (b)). In September the court ordered him placed in a residential treatment facility. In October he was placed at DN Associates in Fresno County . Mohammed continued to act out and the placement was terminated within a week. The Fresno County juvenile court entered true findings of assault with a deadly weapon and by means of force likely to produce great bodily injury (one misdemeanor count and one felony count) and making criminal threats ( 422).
In November 2007 Mohammed was returned to San Diego County. He entered a treatment program and received psychotropic medication. His behavior improved for a short time but he soon regressed. In May 2008 Mohammed admitted violating probation. In July the court ordered him committed to the Youthful Offender Unit program (YOU).
He was placed at the East Mesa Juvenile Detention Facility where YOU was housed. His out-of-control behavior continued.
In November 2008, when Mohammed was 17 years old, he threw a chair at a probation officer. Mohammed entered the negotiated admission to assault by means of force likely to produce great bodily injury and the DJJ commitment followed.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to 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 lists, as a possible but not arguable issue, whether the juvenile court abused its discretion by committing Mohamed to DJJ.
We granted Mohamed 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 issue listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Mohamed has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
O'ROURKE, J.
WE CONCUR:
BENKE, Acting P. J.
IRION, J.
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[1] Statutory references are to the Penal Code.
