In re Nicolas P. CA5

Filed 7/11/14 In re Nicolas P. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re NICHOLAS P., a Person Coming Under the Juvenile Court Law. THE PEOPLE, F068400 Plaintiff and Respondent, (Super. Ct. No. 13CEJ600723-1A) v.

NICHOLAS P., OPINION Defendant and Appellant. THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. James A. Kelley, Judge. Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous, II, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J. and Kane, J.

The juvenile court found that appellant Nicholas P. was a person described in Welfare and Institutions Code section 602 after it sustained allegations charging appellant with assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)),1 corporal injury to a spouse/cohabitant (§ 273.5, subd. (a)) and false imprisonment by violence (§ 236). On November 13, 2013, the juvenile court set appellant’s maximum term of confinement at five years eight months and committed appellant to the New Horizons program for a term not to exceed one year. On appeal, appellant contends the juvenile court violated section 654 when it used his adjudications for corporal injury and false imprisonment to add consecutive terms of one year and eight months to his maximum term of confinement. We affirm. FACTUAL AND PROCEDURAL SUMMARY In September 2013, appellant’s then 18-year-old ex-girlfriend, K.F., was temporarily living with appellant and his mother in his mother’s Fresno residence. On the morning of September 9, 2013, at approximately 1:30 a.m., K.F. returned to the residence after attending a party at her family’s house. She apologized to appellant for being late. He had an angry look on his face and asked her why she did not call him and why she was out so late. He told her in an angry voice to “get to the back room,” referring to his bedroom. Appellant’s mother was the only other person in the house and she was in her bedroom sleeping. K.F. went to the back room and began packing her belongings because appellant had told her she had to leave the next day because he was leaving for foster care. As K.F. was putting her things in a pile, appellant entered the room and asked her where she thought she was going. She explained that his mother would not let her stay there unless she got food stamps and she was unable to get food stamps. Appellant told her she was