Filed 12/21/05 In re Bruce G. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

 

 

In re BRUCE G., a minor	F047852
THE PEOPLE,   Plaintiff and Respondent,   v.   BRUCE G.,   Defendant and Appellant.	(Super. Ct. No. 05CEJ600136-1)       O P I N I O N

 

THE COURT^*

APPEAL from a judgment of the Superior Court of Fresno County. Denise Whitehead, Judge.

 

Michelle E. Guardado, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Charles A. French and Jeffrey D. Firestone, Deputy Attorneys General, for Plaintiff and Respondent.

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On or around December 7, 2004, while placed at Sierra House group home for sexual offenders, 16-year-old appellant Bruce G. engaged in anal sex with a 12-year-old, also residing at the home. Bruce is reported to be mildly retarded and has a history of sexual offending and a variety of mental health issues.^[1] Proceedings were initiated in Fresno County Superior Court, juvenile division, pursuant to Welfare and Institutions Code section 602. Initially, the offense was charged as a violation of Penal Code section 288, subdivision (a). Bruce admitted the offense and requested screening for a Deferred Entry of Judgment (DEJ) Program. However, the court found that Bruce was unsuitable for the program because his home environment was questionable, as was his mother's ability to address his behavior problems. The court thus allowed Bruce to withdraw the admission. Thereafter, Bruce admitted, pursuant to a negotiated agreement, the amended charge of having unlawful sexual intercourse with a minor more than three years younger than himself, a violation of Penal Code section 261.5, subdivision (c).

FACTS

In 2001, Bruce was initially removed from his mother's home as a dependent of the juvenile court pursuant to Welfare and Institutions Code section 300, after it was determined that his mother could not or would not care for him. Prior to dependency, Bruce exhibited a number of serious behavioral problems, including sexually molesting and physically abusing his younger brother, threatening to kill his mother, committing other acts of violence and being out of control. Allegations of abuse in the family and involvement with the juvenile justice system go back even further.^[2] Since being removed from his mother's custody, Bruce had been in a number of different placements.^[3]

At Sierra House, Bruce was receiving counseling as part of the treatment regime. In December 2004, Bruce's therapist, without knowledge of the instant offense, opined that Bruce's best interest would be served if he were returned home. As a result, Bruce was released on furlough to his mother's care on December 17, 2004. He was arrested on January 21, 2005 after the instant offense came to light.

Prior to the dispositional hearing, the probation officer reported the following:

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