In re F.K. CA3

Filed 4/3/14 In re F.K. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

In re F.K., a Person Coming Under the Juvenile Court C073827 Law.

THE PEOPLE, (Super. Ct. No. JV134443)

Plaintiff and Respondent,

v.

F.K.,

Defendant and Appellant.

The San Francisco County Juvenile Court found F.K. (the minor) was described by Welfare and Institutions Code section 6021 in that he committed second degree robbery (Pen. Code, §§ 211/212.5, subd. (c)), assault by means likely to produce great

1 Further undesignated statutory references are to the Welfare and Institutions Code.

1

bodily injury (Pen. Code § 245, subd. (a)(4)), and provided false identification to a police officer, a misdemeanor (Pen. Code § 148.9, subd. (a)). The San Francisco court transferred the case to San Mateo County for disposition, where the minor was already a ward of the juvenile court. The case was transferred to Sacramento County for disposition after the minor’s father moved to Sacramento. The juvenile court adjudged the minor a ward of the court, set the maximum term of confinement at seven years 10 months,2 ordered the minor to serve 93 days in juvenile hall with 93 days of credit, and approved placement at the Glen Mills facility in Pennsylvania. The minor timely appeals. He contends the juvenile court in San Francisco erred in declining to dismiss the petition pursuant to California Rules of Court, rule 5.774(d).3 He further contends the juvenile court in Sacramento erred in failing to stay the term for the assault charge pursuant to Penal Code section 654. We agree with the second contention and shall modify the judgment accordingly. FACTUAL AND PROCEDURAL BACKGROUND The Crimes On the night of December 19, 2012, Andrew Wu was walking through a park in San Francisco when he was approached by a group of five people. A member of the group approached and asked to borrow Wu’s cell phone. When Wu refused, the person grabbed him by the jacket while two others punched and kicked him, taking his cell phone, keys, wallet, and jacket. Wu reported the attack to the police, who arrived within a few minutes. The police tracked the stolen phone to a bus eight blocks from the park. The minor and his