In re Tony R.
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In California, a minor identified as Tony R. was committed to a secure youth treatment facility following his involvement in a violent robbery. Tony R. appealed the juvenile court's denial of his request for a reduction of his baseline term of confinement at his first six-month review hearing. He argued that the court lacked the authority to deny the request and, if it did have such authority, it abused its discretion.
Tony R. was one of three youths who brutally attacked and robbed two men, resulting in severe injuries, including paralysis for one of the victims. In a separate incident, Tony R. was also involved in an assault at his high school. He was subsequently arrested and committed to a secure youth treatment facility for a maximum term of 11 years or until age 25, with a baseline term of four years.
The Court of Appeal of the State of California First Appellate District Division Two affirmed the juvenile court's decision. The court found that under the governing legislation, the juvenile court had the discretion to reduce the baseline term of confinement but was not required to do so. The court determined that the juvenile court did not abuse its discretion in denying Tony R.'s request for a reduction in his baseline term of confinement. The court noted that while Tony R. was performing well in his rehabilitation program, he had committed extremely serious offenses, had significant treatment needs, and had been assessed as being at high risk for re-offense. The court held that it was within the juvenile court's discretion to determine that a reduction of his baseline term this early in his period of confinement would not serve his rehabilitative needs and public safety concerns.
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