In re M.C. CA2/8

Filed 4/30/14 In re M.C. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

In re M.C., a Person Coming Under the B250308 Juvenile Court Law. (Los Angeles County Super. Ct. No. PJ46943)

THE PEOPLE,

Plaintiff and Respondent,

v.

M.C.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert J. Schuit, Judge. Affirmed in part; reversed in part and remanded. Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Mary Sanchez and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent. ******

In a petition filed under Welfare and Institutions Code section 602, 15-year-old M.C. was charged with assault by means of force likely to produce great bodily injury (GBI) upon Shirrane Franklin (Pen. Code, § 245, subd. (a)(4)) and misdemeanor battery upon Franklin (Pen. Code, § 242). The juvenile court sustained the petition, and appellant timely appealed. He argues the evidence was insufficient to sustain the assault count. He also argues the court erred in delegating to the probation department the duty to calculate precommitment custody credits. We remand for the court to calculate custody credits, but otherwise affirm. FACTS AND PROCEDURE The facts adduced at the adjudication hearing were as follows. Franklin is a deputy probation officer at a juvenile camp. On June 25, 2013, Franklin was standing outside a classroom at the camp supervising minors. She felt something touch her upper thigh area and move up her leg toward her crotch. She turned around and saw appellant was the one touching her. She immediately told him “to take a knee.” Appellant took a step toward her and unexpectedly struck her hard in the chest with a closed fist. Franklin was not wearing a vest or anything else protecting her chest area. She felt like she was in shock after he struck her. She tried to get him in an upper torso hold but could not. Appellant was calling her “very disrespectful names,” like “bitch” and the “n” word. Franklin described the force appellant used as “pretty hard. It was hard.” At the time, she did not check for any visible redness in the area. The court sustained both counts of the petition and declared the assault count to be a felony. The court committed appellant to the Division of Juvenile Justice and ordered that he could not be held in physical confinement for more than six years two months. The court’s original commitment order stated appellant’s custody credits were “to be determined by [the] probation dep[artmen]t” (capitalization omitted). The court later filed an amended commitment order that simply left the section for custody credits blank. STANDARD OF REVIEW “The same standard of appellate review is applicable in considering the sufficiency of the evidence in a juvenile proceeding as in reviewing the sufficiency of the