In re Oscar A.

People v. Oscar A.

Good Law
159 Cal. Rptr. 3d 50·2013 Cal. App. LEXIS 521·217 Cal. App. 4th 750
Court of Appeal of CaliforniaJune 28, 2013D062817California2,732 words

Opinion

Opinion

Nares, J.

Defendant Oscar A., a ward of the juvenile court, appeals an order committing him to an out-of-state placement. Oscar contends the court abused its discretion by ordering out-of-state placement because there was no evidence that in-state facilities were unavailable or inadequate under Welfare and Institutions Code section 727.1, subdivision (b)(1). We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2009 the District Attorney of Imperial County filed a petition under section 602, alleging Oscar, then age 13, had committed misdemeanor vandalism (Pen. Code, § 594, subd. (a)). Oscar admitted the allegations, and the court declared him a ward of the court (§ 602). The court put Oscar on formal probation in the custody of the Imperial County Probation Department (probation department) and placed him with his father.

In February 2010 the district attorney filed a second section 602 petition, alleging Oscar violated probation (§ 777, subd. (a)(2)) because he did not follow his parents’ directives, left home without permission on seven separate occasions, was suspended from school five times, became friends with a known parolee, and smoked marijuana daily for the…

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