In re Percy D

Filed 2/10/06 In re Percy D. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. Douglas N. Gericke, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Meagan J. Beale, Supervising Deputy Attorney General, and A. Natasha Cortina, Deputy Attorney General, for Plaintiff and Respondent.

Defendant and appellant Percy D. (minor) admitted as true the allegation in a Welfare and Institutions Code section 602 petition charging him with auto theft. (Veh. Code, § 10851, subd. (a).) The juvenile court committed minor to the California Youth Authority (CYA) for a maximum of five years. On appeal, minor contends that: 1) the juvenile court abused its discretion in committing him to CYA; and 2) the court should have instead committed him to a residential facility or state hospital, under Penal Code section 1369.^[1] We affirm the judgment.

FACTUAL BACKGROUND

A police officer spotted minor driving a stolen car with two of his friends as passengers in the car. When the officer pulled his car up behind the stolen car, the three boys got out of the car and tried to walk away. The officer immediately detained them. Minor had a set of keys in his hand that were shaved to fit the ignition of the stolen car.

ANALYSIS

I. The Juvenile Court Properly Committed Minor to CYA

Minor contends that the juvenile court abused its discretion in committing him to CYA because he was â€