In re M.C. CA5

Filed 8/16/24 In re M.C. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re M.C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F086795

Plaintiff and Appellant, (Super. Ct. No. JW140387-07)

v. OPINION M.C.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Wendy L. Avila, Judge. Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Ivan P. Marrs and Angelo S. Edralin, Deputy Attorney Generals, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Smith, J. and DeSantos, J.

Minor M.C. appeals from a disposition order adjudging him a ward of the juvenile court and committing him to a maximum term of confinement of three years eight months. On appeal, minor contends his disposition violated Penal Code section 654. Respondent concedes error. We accept respondent’s concession and modify the disposition order to correct the maximum term of confinement from three years eight months to three years. PROCEDURAL BACKGROUND On December 28, 2021, the District Attorney filed a juvenile wardship petition pursuant to Welfare and Institutions Code section 602, alleging that minor committed assault with a firearm (Pen. Code, § 245, subd. (a)(2); count 1) and making criminal threats (Pen. Code, § 422; count 2). On July 24, 2023, a contested jurisdictional hearing commenced, and on July 26, 2023, the juvenile court found both allegations to be true and found minor to be a person described in Welfare and Institutions Code section 602. At the dispositional hearing conducted on August 9, 2023, the juvenile court found both counts were felonies. It ordered minor to continue as a ward of the court, as he was already on probation, and found the available confinement time was three years eight months, less 593 days’ credit for time served, consisting of three years of confinement time for count 1 and eight months of confinement time for count 2. Minor was removed from the custody of his mother and committed to Kern Crossroads Facility. FACTUAL BACKGROUND On December 19, 2021, while Cristin Cruz, minor’s stepfather, was sitting in the living room with his daughter, minor entered the living room with a firearm. Minor was agitated regarding either a dispute he had with Cruz about a beer or about the noise Cruz’s daughter made while playing, saying things to Cruz like, “Are you feeling like a man now?” He put the firearm close to Cruz’s face or against his head and said, “I’m going to shoot, you motherf[*****]. I’ll blow your f[******] head off.” Cruz was in