In Re Robert H.

People v. Robert H.

Bad Law
117 Cal. Rptr. 2d 899·2002 Cal. App. LEXIS 3149·2002 Daily Journal DAR 3143·96 Cal. App. 4th 1317·2002 Cal. Daily Op. Serv. 2602
Court of Appeal of CaliforniaMarch 21, 2002B152012California2,176 words

Opinion

Opinion

Lillie, J.

Robert H. appeals after the order of wardship (Welf. & Inst. Code, § 602) following his admission in a case settlement that he was a minor illegally in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)) and after an order of disposition for the Camp Community Placement program. He contends: (1) the court abused its discretion by ordering Camp Community Placement in lieu of a disposition of home on probation; (2) the court abused its discretion by ordering conditions of supervision for drug and alcohol testing; and (3) the court failed to make the formal finding required by Welfare and Institutions Code section 726 for removing the minor from the custody of his parents.

Facts

The petition alleged the minor assaulted another person with a firearm within the meaning of Penal Code section 245, subdivision (a)(2). In a case settlement, the People amended the petition to include an allegation the minor committed the felony of being a minor in illegal possession of a firearm. The minor admitted the latter allegation, and the assault charge was dismissed. The court accepted the admission after the minor waived the requisite constitutional rights. The court declared the…

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