In re S.L. CA3

Filed 10/28/13 In re S.L. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

In re S. L., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, C071840

Plaintiff and Respondent, (Super. Ct. No. 69170)

v.

S. L.,

Defendant and Appellant.

The juvenile court placed the minor, S. L., on probation after finding he came within the jurisdiction of the juvenile court because he committed the following crimes: home invasion robbery; carjacking; willful evasion of police officers; resisting a police officer; and having a concealed firearm in a vehicle. As a condition of probation, the juvenile court ordered defendant not to associate with his codefendant brother without adult supervision. The juvenile court also determined the minor‟s maximum term of confinement was 13 years and eight months. On appeal, the minor contends the condition of probation relating to his brother is overbroad and the maximum term of

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confinement must be recalculated under Penal Code section 654. We find the minor forfeited his claim regarding the probation condition and, in any event, the condition imposed by the juvenile court is not overbroad. We agree, however, that the juvenile court erred in calculating the minor‟s maximum term of confinement. Accordingly, we direct the juvenile court to modify the dispositional order. BACKGROUND Juan Camarena and Margarita Ruiz got together, bought some beer, and went back to Margarita‟s apartment. They were in Margarita‟s bedroom when someone kicked in the door. An adult male, Margarita‟s brother Juan Martinez, and three young juveniles robbed Camarena at gunpoint. They demanded Camarena‟s money, took his wallet, and the keys to his Mustang. After robbing Camarena, the robbers fled in his Mustang. Minutes later, police saw the stolen vehicle and a lengthy pursuit ensued, covering more than 60 miles at speeds of up to 110-115 miles per hour. The car eventually stopped on the freeway, apparently out of gas. Martinez fled the vehicle and was not apprehended. The minor was driving the vehicle and a loaded handgun, similar to the one used in the robbery, was found under the driver‟s seat. The minor‟s brother, C. L., and Richard Guerrero were seated in the backseat of the car. The minor and his brother were taken into custody. The probation officer concluded it was unlikely the boys “ „masterminded‟ ” the offense on their own and determined the minor was at low risk to offend. However, due to the serious nature of the charges, probation recommended 90 days in custody followed by 60 days on electronic monitoring. A juvenile wardship petition charged the minor with home invasion robbery, carjacking, fleeing a police officer with willful or wanton disregard for the safety of others, resisting a police officer, and having a concealed firearm in a vehicle. As to robbery and carjacking, the petition also alleged the minor was a principal armed with a handgun. After a jurisdictional hearing, the trial court sustained the petition, finding all