In re Anthony M. CA5

Filed 3/26/15 In re Anthony M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ANTHONY M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F069205

Plaintiff and Respondent, (Super. Ct. No. 12CEJ600057)

v. OPINION ANTHONY M.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. James A. Kelley, Judge.

Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Catherine Tennant Nieto, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

*Before Levy, Acting P.J., Cornell, J. and Peña, J.

The court adjudged appellant Anthony M. a ward of the court (Welf. & Inst. Code, § 602) after he admitted allegations charging him with carjacking (Pen. Code,1 § 215, subd. (a)) and second degree robbery (§ 211) and a personal use of a firearm enhancement with respect to each offense (§ 12022.53, subd. (b)). On appeal, Anthony contends the court erred in calculating his maximum term of physical confinement (MTPC). We find merit to this contention and modify Anthony’s MTPC. In all other respects, we affirm. FACTS On October 21, 2013, at approximately 12:01 a.m., Anthony approached a woman after she parked her car in a parking stall and took her car keys at gunpoint. Although Anthony was able to start the car, he was not able to get it to move when he pressed the gas pedal. He then exited the car and walked away with the woman’s keys (count 6). On December 3, 2013, at approximately 11:29 p.m., Naree Thong reported that after she drove up to her residence and opened her car door a white male suspect asked her what time it was. Thong told him the time and the male produced a handgun, “cracked the slide,” and ordered her out of the car. Per the male’s instructions, Thong left her car keys, purse, and cell phone in the car and the male drove off in it. An officer soon located Thong’s car. After a short pursuit, the driver abandoned the car and fled on foot but was eventually apprehended. Meanwhile, another suspect drove off in the car. Officers were later able to identify Anthony as the second person who drove off in the car, and it was located near his house. During a warrant search of Anthony’s bedroom, officers found Thong’s cell phone and an unloaded, semiautomatic handgun. Anthony was interviewed and admitted his involvement in the hijacking of Thong’s car and in the earlier attempted hijacking. On January 6, 2014, the district attorney filed a first amended petition charging Anthony with carjacking (count 1/§ 215, subd. (a)), attempted second degree robbery