In re C.M. CA2/6

Filed 3/17/26 In re C.M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 C.M., a Person Coming 2d Crim. No. B340988 Under the Juvenile Court Law. (Super. Ct. No. 20JV00434-F) (Santa Barbara County)

THE PEOPLE,

Plaintiff and Respondent,

v.

C.M.,

Defendant and Appellant.

C.M., a minor, was found to have committed involuntary manslaughter and assault with a firearm. The juvenile court committed appellant to a Secure Youth Treatment Facility. On appeal he asserts the juvenile court lacked authority to commit him to the Secure Youth Treatment Facility, improperly imposed a restitution fine, and miscalculated the maximum confinement term. The Attorney General agrees with all three contentions.

We do also and will reverse the order imposing the restitution fine, and remand for a new disposition hearing. SUMMARY OF PROCEEDINGS1 On August 10, 2023, the Santa Barbara County District Attorney filed a petition under Welfare and Institutions Code section 6022 alleging that on July 28, 2023, appellant, a minor, committed second degree robbery (Pen. Code, § 211), criminal threats (Id., § 422), conspiracy to commit a crime (Id., § 182, subd. (a)(1)), and second degree burglary (Id., § 459). Appellant admitted the criminal threats and burglary charges and the remaining counts were dismissed. On August 24, 2023, at disposition, the court ordered appellant detained for 120 days in juvenile hall. On October 4, 2023, the Santa Barbara County District Attorney filed a petition under section 602 alleging that on June 12, 2022, appellant, committed murder (Pen. Code, § 187, subd. (a)), and assault with a firearm (id., § 245, subd. (a)(2)). It was further alleged that appellant personally used a firearm as to both charges. (Id., §§ 12022.5, subd. (a); 12022.53, subd. (b); 1203.06, subd. (a)(1).) On May 13, 2024, after a contested hearing, the court found true the lesser included charge of involuntary manslaughter (Pen. Code § 192, subd. (b)) and assault with a firearm. The court found not true the personal use special allegations as to both counts.