In Re Gc

68 Cal.Rptr.3d 523 (2007) 157 Cal.App.4th 405 In re G.C., a Person Coming Under the Juvenile Court Law.

The People, Plaintiff and Respondent,

v.

G.C., Defendant and Appellant.

No. E041763. Court of Appeal of California, Fourth District, Division Two.

November 29, 2007. [524] Linda Acaldo, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry Carlton, Supervising Deputy Attorney General, and Sabrina Y. Lane-Erwin, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

RAMIREZ, P.J.

INTRODUCTION

Minor admitted engaging in sexual intercourse with a child under the age of 14. (Pen.Code, § 288, subd. (a).) The court committed minor to the Department of Juvenile Justice (DJJ)[1] for nine years based upon the current crime and previous offenses. Minor concedes that the record supports his commitment to DJJ; however, he contends the court abused its discretion by committing him to DJJ based upon his most recent offense. Minor argues that the juvenile court should have aggregated his previous offenses and committed him to DJJ based only upon those prior offenses, in order to circumvent the requirement [525] that minor register as a sexual offender.

FACTS

The court found a factual basis fox the admission in the detention report and probable cause declaration. Minor was 15 years old at the time of the offense. Minor and the victim lived in the same neighborhood. On March 15, 2005, the 13year-old victim and her 13-year-old friend were riding their bicycles along a street in the neighborhood. The victim injured her ankle, causing the two girls to stop riding their bicycles. Minor approached the two girls and grabbed the belt loops of the victim's pants. The victim told minor to stop. Minor told the victim's friend to stay away. The victim hit minor on his back as minor picked up the victim and put her over his shoulder. Minor carried the victim into his house. The victim repeatedly tried to escape; minor reacted by threatening to sodomize her if she continued to resist. Minor raped the victim.