In re Matthew C. CA2/7

Filed 3/9/15 In re Matthew C. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 MATTHEW C., a Person Coming B251544 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. JJ19495) THE PEOPLE,

Plaintiff and Respondent,

v.

MATTHEW C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Catherine J. Pratt, Juvenile Court Referee. Affirmed. Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, 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.

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Matthew C. was declared a ward of the juvenile court after the court sustained in part a delinquency petition alleging one count of carjacking with personal use of a firearm and one count of receiving stolen property. On appeal Matthew contends that the court erroneously included one misdemeanor petition in calculating his aggregate maximum period of confinement. We affirm.

PROCEDURAL BACKGROUND Matthew was the subject of three wardship petitions filed on different dates over an eight-month period. In July 2012, when he was 13 years old, Matthew was found to have committed misdemeanor vandalism (Pen. Code, § 594, subd. (b)) as alleged in a petition filed on April 16, 2012 in the Riverside County Superior Court. After the case was transferred to Los Angeles County Superior Court for disposition, Matthew was placed on probation for six months without wardship (Welf. & Inst. Code § 725, subd. (a)). A petition filed on December 11, 2012 alleged Matthew, then 14 years old, had committed misdemeanor vandalism (graffiti) and possessed an aerosol paint container with the intent to deface property (Pen. Code, § 594.1, subd. (e)(1)) in Los Angeles County. On January 14, 2013, Matthew admitted the misdemeanor vandalism count and the remaining count was dismissed. A disposition hearing was scheduled for January 23, 2013. However, a petition was filed on January 24, 2013 alleging Matthew had committed the felony offenses alleged in this case of carjacking with personal use of a firearm and receiving stolen property. Thereafter, the juvenile court ordered the Welfare and Institution section 725, subdivision (a) probation terminated and disposition of the misdemeanor vandalism cases trailed pending disposition of the felony offenses. Following a jurisdiction hearing, the juvenile court found true the allegation Matthew had committed carjacking with personal use of a firearm; the court found not true the allegation he had received stolen property and dismissed that count. The court declared Matthew a ward of the court, ordered him suitably placed and calculated the aggregate maximum period of confinement on the three petitions as 19 years, eight