In re G.O. CA1/1

Filed 11/26/14 In re G.O. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re G.O., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A141020

Plaintiff and Respondent, (Solano County v. Super. Ct. No. J40306) G.O., Defendant and Appellant.

Appellant G.O. admitted to allegations in a juvenile wardship petition that he inflicted corporal injury on a spouse or cohabitant. The juvenile court found the offense was a felony, declared a wardship, placed appellant on probation, and ordered him to complete a nine-month program at Changing Paths. The court further ordered that if appellant failed to comply with the program after he turned 18 years of age, it would recommend he serve the remainder of his time in county jail. Appellant contends a county jail term is unauthorized by law. Respondent moves to dismiss the appeal for lack of ripeness, while conceding the juvenile court’s order must be reversed if this court reaches its merits. We deny the motion to dismiss and reverse the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Facts The following facts are drawn from reports prepared by the probation department: Appellant’s girlfriend (also the mother of their five-month-old daughter) reported to police that during the early morning hours of November 30, 2013, appellant began yelling at her about talking to other guys. He threatened to kill her and began to strangle her. She did not lose consciousness, but was unable to breathe. After releasing his girlfriend, appellant slapped her in the face several times, causing a swollen lower lip and a bruise to her left eye. He then squeezed scissors around the girlfriend’s right little finger, causing marks on both sides of the finger, and threatened to cut her finger off. The girlfriend also sustained cuts to her thumb and shoulder from the scissors. According to his girlfriend, appellant drank rum and also smoked marijuana throughout the following day.1 He was drunk when they went to bed that evening. Their infant daughter was sleeping on the floor next to the girlfriend’s side of the bed. The couple argued again regarding her talking to other boys. The argument woke up their daughter, and she started to cry. Appellant slapped his daughter across the face, leaving a red mark. He picked the infant up and threw her to the girlfriend. Appellant got back into bed, telling his girlfriend, “I told you before that if she wakes me up, I’d slap her.” The girlfriend left with their daughter once appellant fell asleep, and contacted the police. B. Wardship Proceedings A juvenile wardship petition filed on December 3, 2013, pursuant to Welfare and Institutions Code section 602, subdivision (a), alleged appellant committed, in count 1, assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)); in count 2, corporal injury to a spouse or cohabitant (Pen. Code, § 273.5, subd. (a)); and in count 3, child abuse (Pen. Code, § 273a, subd. (a)).