In re T.H. CA3

Filed 10/1/13 In re T.H. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re T.H., a Person Coming Under the Juvenile Court Law. C068165

THE PEOPLE, (Super. Ct. No. JV118170)

Plaintiff and Respondent,

v.

T.H.,

Defendant and Appellant.

Following a contested jurisdictional hearing in 2011, the juvenile court found that in 2004, the minor,1 T.H., committed first degree felony murder (Pen. Code, § 187, subd. (a)),2 first degree robbery in concert (§§ 211/213, subd. (a)(1)(A)) and first degree burglary (§§ 459/460). The minor contends the burglary adjudication must be reversed

1 Although T.H. was not a minor by the time the matter was adjudicated, he was a minor at the time of the 2004 offenses and was prosecuted as a minor. 2 Undesignated statutory references are to the Penal Code.

1

because it was barred by the statute of limitations. The People respond: (1) the record discloses evidence that would toll the statute of limitations; or (2) in the alternative, the matter should be remanded to the juvenile court for a determination of whether the prosecution was timely. The minor also contends the disposition minute order and commitment order must be corrected as they reflect an incorrect date of birth and presentence custody credits. The People concede these points. The petition shows on its face the prosecution of the burglary charge was time-barred and we cannot determine from the record on appeal whether the statute of limitations was tolled; accordingly, we must reverse and remand the matter to the juvenile court for a hearing on the statute of limitations. We also direct the juvenile court to ensure the correct date of birth and presentence custody credits are reflected in the disposition and commitment orders.

FACTUAL BACKGROUND3

On the morning of July 3, 2004, Clayton Skinner’s father and brother found Skinner dead inside his home. Skinner had 17 lacerations on his scalp, fractures to his skull and bruising and bleeding on the brain. Skinner also had blunt force injuries to his chest, back, arms and legs. After performing an autopsy, the medical examiner determined Skinner died from “blunt force head injuries.”