In re J.M. CA3

Filed 7/31/25 In re J.M. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Modoc) ----

In re J.M., a Person Coming Under the Juvenile Court C101326 Law.

THE PEOPLE, (Super. Ct. No. JL21035)

Plaintiff and Respondent,

v.

J.M.,

Defendant and Appellant.

Minor J.M. admitted to allegations he committed attempted rape and lewd and lascivious acts on another minor. The trial court placed the minor in a secured youth treatment facility (SYTF) and ordered him to register as a sex offender pursuant to Penal Code1 section 290.008. On appeal, the minor argues the trial court lacked the authority to

1 Further undesignated statutory references are to the Penal Code.

1

require him to register under section 209.008 and the record demonstrates he did not stipulate to the registration requirement. The People agree. We shall strike the registration requirement. BACKGROUND In October 2021, the People filed a first amended juvenile wardship petition under Welfare and Institutions Code section 602, alleging the attempted rape of a minor N.M. (first allegation), lewd and lascivious acts on N.M. (second allegation), sodomy of N.M. (third allegation), and two allegations of annoying or molesting N.M. (fourth and fifth allegations). (§§ 664/261, subd. (a)(2), 288, subd. (b)(1), 286, subd. (c)(2)(B), & 647.6, subd.(a)(1).) The facts of the crimes are not relevant to our disposition of this appeal, so we shall dispense with them. In April 2022, the minor agreed to admit to the allegations that he committed attempted rape and a lewd and lascivious act. The following exchange occurred during the plea colloquy: “THE COURT: [A]s I understand it, . . . the proposed disposition would be that you would admit Counts 1 and 2 in the Petition. And then we would likely have to put off disposition to another day because we need a referral; is that correct? “[MINOR’S COUNSEL]: Yes, your Honor, we would request that it be referred for dispositional report and recommendation. “[¶] . . . [¶] “THE COURT: Okay. All right. And [minor’s counsel] after speaking with your client, is it his intention to admit Counts 1 and 2. “[MINOR’S COUNSEL]: Counts 1 and 2 only, yes. “THE COURT: And I know that you had expressed a concern in terms of registration. And your belief at this time is what as to registration? “[MINOR’S COUNSEL]: Ten years under the new tiering system. “THE COURT:· Ms. [Prosecutor]?