Anthony M., In re
| Decision Date | 04 March 1981 |
| Citation | 172 Cal.Rptr. 153,116 Cal.App.3d 491 |
| Court | California Court of Appeals Court of Appeals |
| Parties | In re ANTHONY M., a Person Coming Under the Juvenile Court Law. The PEOPLE, Plaintiff and Respondent, v. ANTHONY M., Defendant and Appellant. Civ. 5513. |
This appeal involves two issues: (1) whether sufficient evidence supported the determination that appellant Anthony M. (hereinafter Anthony) committed a burglary, and (2) whether the juvenile court abused its discretion in committing Anthony to the California Youth Authority (hereinafter CYA).
A subsequent petition was filed in juvenile court charging Anthony, a 16-year-old minor, with one count of burglary (underlying felony of grand theft) in violation of Penal Code section 459; and one count of violating a previous court order and condition of probation to "obey all laws." He denied the allegations contained in this petition.
Following a jurisdictional hearing, the court found the allegations of the subsequent petition to be true. The court committed Anthony to CYA for the maximum term of three years on the burglary count and ran the sentence on the second count concurrently with the first. Anthony appeals from the commitment order.
At about 2:28 a. m., January 31, 1980, Modesto Police Officer Luciano Beltran received a call to respond to a silent alarm at Needham Liquors. When approximately 100 yards from the store, he observed a suspect, John Webb, standing in front of the store, looking around. Webb ran back into a nearby alcove; Beltran informed the dispatcher of a possible burglary. He parked his patrol car about 50 feet west of the store and observed two subjects running from the alcove. Beltran instructed them to halt. Webb complied with his command, although Anthony continued to run in a northwesterly direction from Beltran. 1 The officer again requested Anthony to halt; appellant fell down, "got up and started running again." Beltran testified that Anthony ran across Orange Avenue "and I last saw him on the west side of (the street) still running in a northerly westerly direction." The officer then placed Webb under arrest. He also dispatched Anthony's description and information about the direction of his flight. Soon thereafter, Beltran was informed by radio that two officers had the fleeing suspect in custody. He drove to the area of detention and identified Anthony as the individual he had seen leaving the liquor store.
Modesto Police Officers David Huckaby and Joseph Aja were dispatched to the liquor store as a backup unit. After consulting with Beltran about the direction of the suspect's flight, the officers walked around the vicinity of the liquor store, checking the houses on the west side of Orange Street. They went into an alley and observed two gates open alongside the residence located at 133 Orange Street. Huckaby walked to the back area of the residence and found Anthony lying on the ground under a tall bush. Huckaby noticed that Anthony was still breathing heavily. Subsequently, the officer took the minor into custody.
Officer Aja then returned to the liquor store. He noticed that the front door had been pulled open and that a padlock was lying on the floor about three feet inside the store. The two round eye bolts for the door's padlock had been torn open, and the top and bottom door latches had been damaged. Aja entered the store and noticed a bottle of Creme de Cacao on the counter by the cash register.
Raymond Pifer, an employee at Needham Liquors, locked the store and set the alarm at 11 p. m. on January 30, 1980. He stated no bottles were left on the counter that evening. Pifer identified the bent padlock found by Aja as the type used at the liquor store. He further indicated that the front door would have to be opened in order to activate the store's silent alarm.
Anthony testified in his own behalf. Anthony testified that he was bowling and drinking heavily with John Webb on the evening of January 30. He stated that he drank about a quart of Seagram's Seven with Webb. Anthony also said he drank about a six-pack of beer at the bowling alley. He did not remember anything from the time at the bowling alley until the next morning, when he woke up in juvenile hall.
A comprehensive social study was submitted at the dispositional hearing. The study reflected that Anthony had the following prior record:
August 9, 1978, Stanislaus County Juvenile Court, drunk in public. At this time the minor was declared a ward of the Court and released to his grandparents under terms of probation.
October 4, 1978, Stanislaus County Juvenile Court, auto theft. The minor's wardship was continued and the minor was released to his mother's custody under terms of probation which included a 69-day juvenile hall commitment, with 15 days suspended on the condition he abide by his terms of probation, and 24 days credit for time served. Also, 30 days of this commitment were to be fulfilled in the Alcoholism Treatment Program as an inpatient.
December 21, 1978, Stanislaus County Juvenile Court, burglary. The minor's wardship was continued, and the minor was released to his mother under terms of probation which included a 73-day term in Stanislaus County Juvenile Hall with 30 days suspended on the condition he abide by his terms of probation and he was to receive 43 days credit for time served.
March 22, 1979, Stanislaus County Juvenile Court, drunk in public and resisting arrest. The minor's wardship was again continued and the minor was released to his grandparents under standard terms of probation which included a 90-day commitment to the Stanislaus County Juvenile Hall with 30 days suspended on the condition he abide by terms of his probation. The minor was directed to participate in the inpatient program at the Alcoholism Treatment Center for 30 days.
April 25, 1979, Stanislaus County Juvenile Court, burglary. The minor's wardship was again continued and the minor was removed from his parents' custody and ordered to be placed in a suitable forestry camp.
September 20, 1979, Stanislaus County Juvenile Court, violation of probation, as the minor ran away from a receiving home pending placement in the camp. The minor was continued as a ward and was committed to camp as previously ordered.
August 6, 1979, the minor was placed at Robert K. Meyer's Youth Center in Visalia, California. On January 17, 1980, the minor completed the camp program of Robert K. Meyer's and was released to his guardians under terms of probation.
Anthony also made a statement to a probation officer which was included in the social study. The minor indicated that his alcohol problem stemmed from family problems produced by his parents' divorce. Anthony stated that:
"(After the divorce,) I needed someone around the house but there was no one there, and I did not feel like my mom could help me with my problems so I could not get my feelings out and I got more depressed and it built up inside of me and I decided I did not want to live at home because we were not getting along so I ran away and went to live with a friend of mine and it did not work out there so I went back home."
He told the probation officer about consuming alcohol since the fourth grade. Anthony also conceded using marijuana, acid, and speed in combination with alcohol. He reported being under the influence of alcohol at every instance of arrest for a law violation. Anthony also urged that he be committed to a camp rather than CYA. He specifically stated:
Anthony's grandparents, Mr. and Mrs. Northern, made the following pertinent remarks in the dispositional study:
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