In re K.S. CA1/2

Filed 10/28/14 In re K.S. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

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

THE PEOPLE, Plaintiff and Respondent, v. A141002 K.S., (Contra Costa County Defendant and Appellant. Super. Ct. No. J00-00736)

K.S. appeals from a dispositional order removing him from parental custody. He contends the juvenile court erred in failing to determine his maximum term of confinement and credit for predisposition custody. The People agree that the matter must be remanded for correction of these errors, and we so order. STATEMENT OF THE CASE On November 17, 2011, the Placer County District Attorney filed a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) charging appellant, then 13 years old, with two misdemeanors, second degree commercial burglary (Pen. Code, § 459) and petty theft (Pen. Code, §§ 488/490.5). On September 6, 2012, the district attorney filed another wardship petition, charging appellant with misdemeanor vandalism (Pen. Code, § 594, subd. (b)(2)(A)) and with possession of under one ounce of marijuana, an infraction (Health & Saf. Code, § 11357, subd. (b)).

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On January 16, 2013, the juvenile court ordered appellant released on home supervision. Appellant admitted one count of each of the petitions, burglary and vandalism, and the remaining counts were dismissed. On February 19, the case was transferred to Contra Costa County for disposition, and on May 30, 2013, appellant was placed on formal probation for six months, residing in the home of his mother. On October 11, 2013, the probation department filed a notice of probation violation (Welf. & Inst. Code, § 777) alleging that appellant tested positive for tetrahydrocannabinol (THC), was suspended from school twice, and was disruptive in school, resulting in detention. Appellant was placed on home supervision pending the probation violation hearing, then two weeks later arrested for petty theft (Pen. Code, §§ 484/488, subd. (a)), false identification (Pen. Code, § 148.9), and violating the terms of home supervision. On November 1, 2013, appellant admitted violating home supervision and was ordered detained in juvenile hall pending a hearing on the probation violations. On November 5, he admitted violating probation by testing positive for THC and being suspended from school, and was ordered detained pending disposition. On November 15, he was adjudged a ward of the court and released to his mother on 90-day home supervision. Another notice of probation violation was filed on December 11, 2013, alleging another school suspension and another positive THC test, and on December 13 appellant was ordered detained in juvenile hall pending a hearing on the new violations. On January 2, 2014, appellant admitted the violations. A contested dispositional hearing was held on January 7, 2014. The court continued appellant’s wardship “with no termination date” and ordered appellant removed from his mother’s custody and detained at juvenile hall pending delivery to placement in a court-approved home or institution. On February 4, appellant was accepted at Unicorn Youth Services. Appellant filed a timely notice of appeal on February 5, 2014.