In re L.L. CA2/6

Filed 10/14/24 In re L.L. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re L.L., a Person Coming 2d Juv. No. B330471 Under the Juvenile Court Law. (Super. Ct. No. 23JV00009) (San Luis Obispo County)

THE PEOPLE,

Plaintiff and Respondent,

v.

L.L.,

Defendant and Appellant.

L.L. admitted to committing the following offenses as alleged in a petition filed pursuant to Welfare and Institutions Code section 602: second degree robbery (Pen. Code, § 211); possession of ammunition by a minor (id., § 29650); possession of a firearm by a minor (id., § 29610); and grand theft of a person (id., §§ 182, 487, subd. (c)). The juvenile court placed appellant in a Secure Youth Treatment Facility (SYTF) for a baseline term of confinement of two years and specified a maximum term of five

years. (Welf. & Inst. Code, §§ 726, subd. (d), 875, subd. (b).)1 It calculated appellant was entitled to 206 days of predisposition credit against his maximum term. (§ 875, subd. (c).) Appellant contends his precommitment credit should apply to his baseline term of confinement rather than his maximum term. He also challenges a condition of probation forbidding him from “frequent[ing] places where firearms or weapons are used either illegally or legally” as overly broad. We will affirm. FACTUAL BACKGROUND Appellant and another minor robbed a man at gunpoint in Santa Maria. Police officers were already in the neighborhood and responded quickly. The officers arrested them after a brief foot chase and recovered the victim’s backpack, which contained a videogame console and controller.2 DISCUSSION Precommitment Credits Appellant contends his pre-commitment credit should apply to his two-year baseline term in SYTF rather than his five-year maximum term of confinement. When a contention “hinges on a question of statutory construction—we exercise our independent review.” (City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, 1015.) The Department of Juvenile Justice (DJJ) stopped accepting wards into its facilities in July of 2021 after California realigned its juvenile justice system. (§ 736.5, subd. (e).) Wards who would have been committed to DJJ prior to realignment are