In re S.H. CA5

Filed 10/3/13 In re S.H. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.H., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067004

Plaintiff and Respondent, (Super. Ct. No. JL004137)

v. S.H., OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. David W. Moranda, Judge. J. Wilder Lee, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Levy, Acting P.J., Detjen, J., and Peña, J.

The court adjudged appellant, S.H., a ward of the court (Welf. & Inst. Code, § 602)1 after it found true allegations charging appellant with one count of committing lewd and lascivious conduct with a child under the age of 14 (Pen. Code, § 288, subd. (a)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY In January 2010, while visiting his legal guardian’s relatives in Orange County, appellant put his hand down the pants of a five-year-old girl and felt her genital area. On August 27, 2010, the Orange County District Attorney filed a petition charging appellant with one count of lewd and lascivious conduct with a child under the age of 14. On September 10, 2010, the district attorney filed a notice that appellant was eligible for deferred entry of judgment (DEJ/§ 790). On November 8, 2010, the probation department filed a report with the court recommending that appellant be found unsuitable for DEJ and that the case be transferred to Merced County for disposition because appellant and his family lived there. On November 15, 2010, the Orange County Juvenile Court found appellant unsuitable for DEJ because he lived out of the county and it transferred the case to Merced County. On September 27, 2011, following a contested jurisdictional hearing, the court sustained the lewd and lascivious conduct charge. On November 17, 2011, the Merced County Juvenile Court adjudged appellant a ward of the court and committed him to the Bear Creek Academy. On December 8, 2011, appellant filed a timely appeal.