In re C.W. CA1/4

Filed 3/26/14 In re C.W. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re C.W., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A139693 v. (Contra Costa County C.W., Super. Ct. No. J1200876) Defendant and Appellant.

I. INTRODUCTION C.W., a minor (appellant), appeals after the juvenile court sustained the allegation of a second supplemental juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) (section 602) alleging that he committed misdemeanor vandalism. (Pen. Code, § 594, subd. (b)(1)1.) Appellant also was charged with having violated the terms of his previous probation. After admitting both offenses and being committed to a one-year program at the Orin Allen Youth Rehabilitation Facility (OAYRF), to be followed by a 90-day conditional parole period, the juvenile court imposed various terms and conditions of probation, and announced that the maximum period of confinement was two years four months.

1 All undesignated statutory references are to the Penal Code.

1

In this appeal, appellant contends that one of the probation conditions imposed was unconstitutionally vague, and must be modified. He also contends that the maximum commitment time pronounced by the juvenile court was incorrect, and should be recomputed. Respondent concedes the points. Accordingly, we order the challenged condition of probation to be modified, and set appellant’s maximum commitment time at two years. In all other respects, we affirm the judgment. II. PROCEDURAL BACKGROUND2 The Contra Costa County District Attorney first filed a section 602 wardship petition in June 2012, alleging appellant committed felony grand theft (§ 487, subd. (c)). After the juvenile court granted the prosecution’s motion to reduce the felony count to a misdemeanor, appellant pled no contest to the allegation. At the disposition hearing on October 31, 2012, the juvenile court adjudged appellant a ward of the court, and placed him on probation with various terms and conditions. On January 29, 2013, a supplemental petition was filed alleging that appellant committed felony receiving stolen property (§ 496, subd. (d); count 1), possession of burglar’s tools (§ 466; count 2), and possession of a drug pipe (Health & Saf. Code, § 11364; count 3). The petition subsequently was amended to add a fourth count; misdemeanor receiving stolen property (§ 496, subd. (d)). Appellant then admitted the three misdemeanors in counts 2, 3, and 4 in exchange for dismissal of count 1. The juvenile court continued appellant’s wardship, and reinstated probation with juvenile electronic monitoring. The court awarded 13 days credit for time served, noting that appellant’s remaining maximum period of confinement was two years, or more precisely, “1 year, 11 months, 17 days.”