In re Joshua M. CA2/7

Filed 7/16/14 In re Joshua M. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re JOSHUA M., a Person Coming Under B249372 the Juvenile Court Law. (Los Angeles County Super. Ct. No. JJ19796)

THE PEOPLE,

Plaintiff and Respondent,

v.

JOSHUA M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Irma J. Brown, Judge. Affirmed in part, reversed in part and remanded with directions. 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, Senior Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Joshua M. appeals from the juvenile court’s order committing him to the California Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF) on his most recently sustained Welfare and Institutions Code section 602 petition.1 We reverse the disposition order and remand for a new disposition hearing in light of the California Supreme Court’s recent decision in In re D.B. (2014) 58 Cal.4th 941.2 FACTUAL AND PROCEDURAL BACKGROUND In a previously sustained section 602 petition, Joshua was found to have committed burglary (Pen. Code, § 459) on September 10, 2010, declared a ward of the juvenile court and ordered home on probation. Burglary is not among the serious or violent felony offenses enumerated in section 707, subdivision (b). In 2012, the People filed a section 602 petition charging Joshua, then 15 years old, with committing one count of sodomy by use of force (Pen. Code, § 286, subd. (c)(2)(C)), two counts of forcible lewd acts upon a child (Pen. Code, § 288, subd. (b)(1)) and one count of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)) on or between October 1 and 31, 2009 based on allegations he had physically coerced Christopher W., then nine years old, to engage in a series of sexual acts.3 At the jurisdiction hearing, the juvenile court found the allegations true and sustained the petition. Sodomy by force, forcible lewd acts upon a child and oral copulation by force are included in the offenses listed in section 707, subdivision (b). (See § 707, subd. (b)(5), (6) & (7), respectively.) After rejecting Joshua’s argument that he was statutorily ineligible for DJF commitment, the juvenile court ordered him committed to DJF for a period not to extend beyond his 22nd birthday.