In re Ramon M.
| Decision Date | 22 October 2009 |
| Docket Number | No. G040765.,G040765. |
| Citation | 101 Cal. Rptr. 3d 158,178 Cal.App.4th 665 |
| Court | California Court of Appeals Court of Appeals |
| Parties | In re RAMON M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. RAMON M., Defendant and Appellant. |
The minor, Ramon M., has been before the juvenile court on nine separate petitions. The most recent petition resulted in a one-year sentence in custody. Ramon argues that the court should have ordered him to serve the commitment in a juvenile facility rather than county jail. While this issue is moot, at the request of the parties and because it is likely to recur, we shall opine on it before dismissing this part of the appeal.
Ramon further claims that as to prior adjudications, the court failed to declare on the record whether the offenses were felonies or misdemeanors, and while this is purely a technical error, this argument has merit. With the exception of one provision, which we shall order slightly modified, we reject his final claim regarding his probation terms. We therefore affirm the court's orders, but remand for the limited purpose of declaring on the record whether the prior adjudications were felonies or misdemeanors.
Ramon M. (Ramon) was 16 years old in October 2005. On October 25, a first amended petition was filed, alleging that Ramon committed criminal threats (Pen. Code, § 422; count one); aggravated assault (Pen. Code, § 245, subd. (a)(1); count two); participation in an unlawful street gang (Pen. Code, § 186.22, subd. (a); count three), and vandalism, a misdemeanor (Pen. Code, § 594, subds. (a), (b)(1); count four). The petition also alleged that counts one and two were committed for the benefit of a street gang. (Pen. Code, § 186.22, subd. (b)(1).)
On the same date, Ramon admitted the truth of the petition as to counts one and three, and the enhancement, admitting participating in and committing the offense for the benefit of the Barrio Pobre street gang. The court dismissed the remaining counts and the enhancement. Ramon was adjudicated a ward of the court, received credit for time served, and was released on probation subject to certain terms, including the condition that he not associate with gang members or be present in known gang areas.
From 2005 through June 2008, Ramon was in and out of custody and continuously on probation. Six additional petitions were filed. His offenses during the periods he was out of custody, all of which he admitted, included burglary, gang-related vandalism, and numerous probation violations, including violation of the gang terms. At the hearing on each petition, Ramon was ordered to comply with all prior probation terms. Ramon turned 18 in October 2007.
By the spring of 2008, Ramon was out of custody after serving 180 days in a juvenile facility for probation violations. On three occasions between May 31 and June 26, 2008, Ramon was stopped by police in Barrio Pobre territory. On May 31, the police responded to a call in the early morning at the corner of Lincoln and Laxore, where it was reported that gang members were loitering and causing a disturbance. One of the responding officers, Chris Cooper, knew the area to be part of Barrio Pobre territory. When he arrived, he made contact with Ramon and two individuals who were with him, Brian and Edwin Alarrazabal, whom Cooper recognized as Barrio Pobre gang members. As he approached, Brian Alarrazabal threw down a switchblade, which Cooper retrieved.
On June 1, Anaheim Police Officer Jason States responded to a call at Lincoln and Laxore, an area he knew to be part of Barrio Pobre gang territory. States found Ramon with the Alarrazabal brothers and another individual outside of a liquor store. They had formed a semicircle around two African-American men, who reported that they had been approached and asked their gang affiliation.
Ramon identified himself to States as "Knuckles," said that he had just gotten out of juvenile hall, and identified himself as a member of the Barrio Pobre street gang. He said his moniker was due to his reputation as a fighter and he was proud to be a member of the gang. When States asked why he had approached the African-American men, Ramon responded that he "did not like [racial epithet] in his neighborhood."
When contacted by his probation officer about the June 1 incident, Ramon acknowledged that he was with Barrio Pobre gang members in gang territory at the time. He was admonished to refrain from such activity in the future.
On June 26, however, Anaheim Police Officer Mark Brydges contacted Ramon at the intersection of Embassy and Laxore, and area he knew to be Barrio Pobre territory, with three other individuals. Ramon was attempting to hide at the time. Ramon identified himself as "Knuckles," and when asked by the officer, he acknowledged he was on probation with gang terms in effect.
On June 30, 2008, the ninth petition, which is the subject of the instant appeal, was filed. The petition alleged eight paragraphs of probation violations. At the probation department's recommendation, Ramon was detained at the county jail pending further proceedings.
Ramon and his mother testified at the subsequent hearing. He admitted that after being released from juvenile hall, he frequently went into Barrio Pobre territory. He claimed that he went there to visit his daughter, who lived nearby with her mother.
On July 23, 2008, at the hearing's conclusion, the court made true findings as to four of the alleged probation violations, all of them regarding Ramon's association with gang members in gang territory. The court ordered Ramon committed to the custody of the probation department for placement in juvenile hall or an appropriate facility for 365 days, with credit for the 27 days already served. As Ramon was being held in county jail, he requested the court to place him in juvenile hall, but the court denied the request. Ramon now appeals.
Ramon argues that the court erred by keeping him in county jail pending the hearing on the ninth petition and for committing him to county jail thereafter. He argues that the juvenile court lacked authority to commit him directly to county jail because he was under age 19 at the time. On July 1, 2008, at the time of the initial detention hearing in the instant matter, Ramon, who was 18 years and some eight months old, was being housed in the county jail. Counsel did not object, and submitted on the issue of detention.
At the July 23, 2008 hearing, after the court found several of the allegations true, Ramon's counsel asked that Ramon be committed to juvenile hall. Counsel argued that a juvenile facility would better be able to ensure that Ramon received his medications, and stated that there had been problems with the medication in jail. The court stated that such medication requests were commonplace and directed counsel to draw up a "boilerplate" order for Ramon to receive his medication while in custody. The court then ordered Ramon to serve 365 days in custody, ordering him into the care of the probation department "for commitment to juvenile hall or the appropriate facility...." The minute order states that the court denied Ramon's request to serve his commitment in juvenile hall.
Ramon argues this was improper. Ramon is now out of custody, and the parties agree that although the issue is technically moot, this court should nonetheless opine on the issue. Because this issue is one of public interest and likely to recur in the future, we exercise our discretion to do so. (In re Jody R. (1990) 218 Cal.App.3d 1615, 1621-1622 .) To do so, we must examine and harmonize a number of statutory provisions.
Under Welfare and Institutions Code section 202, subdivision (b) in part,1 "Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances."
(1) Subdivision (e) of section 202 states "punishment," under that section, means the imposition of sanctions and does not include retribution. Permissible sanctions for minors include a number of options, including fines, community service, limitations on the minor's liberty as a condition of probation or parole, commitment to a detention facility such as juvenile hall, or commitment to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
Section 208.5 is part of a series of statutes controlling the custodial segregation of adults and juveniles. Subdivision (a) of section 208.5 states, in relevant part: "Notwithstanding any other law, in any case in which a minor who is detained in or committed to a county institution established for the purpose of housing juveniles attains 18 years of age prior to or during the period of detention or confinement he or she may be allowed to come or remain in contact with those juveniles until 19 years of age, at which time he or she, upon the recommendation of the probation officer, shall be delivered to the custody of the sheriff for the remainder of the time he or she remains in custody, unless the juvenile court orders continued detention in a juvenile facility."
Under section 737, subdivision (a): "Whenever a person has been adjudged a ward of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of...
To continue reading
Request your trial
- People v. Alejandro R. (In re Alejandro R.)
- People v. G.C. (In re G.C.)
- S.F. Human Servs. Agency v. Felicia C. (In re M.C.)
- People v. Barajas