In re S.L. CA5

Filed 7/11/14 In re S.L. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.L., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F068026

Plaintiff and Respondent, (Super. Ct. No. JJD066160)

v. OPINION S.L.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Ann Bergen, 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, Louis M. Vasquez, Amanda D. Cary and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

The court adjudged appellant, S.L., a ward of the court after it revoked appellant’s grant of deferred entry of judgment (DEJ) (Welf. & Inst. Code, § 730)1 that encompassed several petitions. On appeal, appellant contends the court erred: (1) in setting a maximum term of physical confinement (MTPC); and (2) in its award of predisposition custody credit. We will strike the court’s orders setting appellant’s MTPC and awarding him predisposition credit and affirm the judgment as modified. FACTS On September 8, 2011, appellant approached a male juvenile as he walked to school in Visalia and called him a “scrap.” As the other male continued walking, appellant pushed him and punched him in the back of the head. At that point, the other male’s cousin drove up and took him to school. On April 24, 2012, the Tulare County District Attorney filed a petition charging appellant with felony battery (Pen. Code, § 242) and with committing this offense for the benefit of a street gang (Pen. Code, § 186.22, subd. (d)). On July 16, 2012, appellant admitted the allegations of the petition contingent on the court granting him DEJ. On August 9, 2012, at approximately 1:00 p.m. appellant was standing near the entrance to a woman’s restroom at a park when a Tulare police officer saw him pass a black object to a person inside the restroom. Upon seeing the officer, appellant attempted to conceal himself behind a barrier before fleeing. Appellant ignored the officer’s commands to stop and ran into a neighborhood where he eventually surrendered when he encountered a canine unit. A .40-caliber Glock handgun with a magazine containing eight rounds was found in the sink of the women’s restroom.