In re N.S.

Filed 5/26/26 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re N.S., a Person Coming 2d Juv. No. B342991 Under the Juvenile Court (Super. Ct. No. 23JV00166-E) Law. (Santa Barbara County)

THE PEOPLE,

Plaintiff and Respondent,

v.

N.S.,

Defendant and Appellant.

N.S. admitted to having committed three offenses in three separate juvenile wardship petitions at the same hearing. (Welf. & Inst. Code, § 602, subd. (a).) 1 The juvenile court committed appellant to a Secure Youth Treatment Facility (SYTF) based on the only qualifying section 707, subdivision (b) offense—assault by means of force likely to produce great bodily injury. But that

All further undesignated statutory references are to the 1

Welfare and Institutions Code.

offense was not the “most recent offense” for which he had been adjudicated. Appellant contends, based upon the “most recent offense” rule, and the People concede, that the juvenile court lacked authority to commit appellant to a SYTF. The parties adhere to the strict letter of the law. We will therefore reverse the juvenile court’s commitment order and remand for a new dispositional hearing. Section 602 Petitions Case No. 23JV00166-C On January 17, 2024, the Santa Barbara County District Attorney filed a juvenile wardship petition (C Petition) charging appellant, a 15-year-old minor, with two counts of forcible rape. (Pen. Code, § 261, subd. (a)(2), counts 1 & 2.) On August 19, 2024, the district attorney filed an amended petition adding a new allegation that appellant committed sexual battery by restraint. (Pen. Code, § 243.4, subd. (a), count 3.) The offense date is December 17, 2023. This is the alleged “most recent offense.” Case No. 23JV00166-D A week later, the Santa Barbara District Attorney filed a second petition (D Petition) charging appellant with two counts of forcible rape (Pen. Code, § 261, subd. (a)(2), counts 1 & 2) and two counts of false imprisonment by violence (Pen. Code, § 236, counts 3 & 4). On August 19, 2024, it filed an amended petition adding a new allegation that appellant committed a lewd or lascivious act upon a child (Pen. Code, § 288, subd. (a), count 5). The offense date is March 3, 2023. Case No. 23JV00166-E On January 24, 2024, the district attorney filed yet a third petition (E Petition) charging appellant with attempted forcible