In re Isaiah D. CA5

Filed 4/22/15 In re Isaiah D. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ISAIAH D., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F070152

Plaintiff and Respondent, (Super. Ct. No. 13CEJ600167-1)

v. OPINION ISAIAH D.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. John F. Vogt, Judge. Thomas W. Casa, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Franson, J.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 and In re Kevin S. (2003) 113 Cal.App.4th 97, 119, which extended Wende review to a minor’s first appeal in a delinquency case. Having reviewed the record as required by those opinions, we affirm. STATEMENT OF THE CASE On February 26, 2013, the Fresno County District Attorney’s Office filed a wardship petition under section 602 of the Welfare and Institutions Code, alleging that Isaiah D. committed three counts of a violation of Penal Code section 288, subdivision (a) (lewd and lascivious act on a child under the age of 14 years). A different victim was alleged as to each count. Although Isaiah was eligible for deferred entry of judgment, he declined to admit the allegations as required for such resolution. As a result, the matter proceeded to a three-day contested jurisdictional hearing beginning May 19, 2014, after which the allegations of the petition were found true. The court referred the matter to the probation department, and also ordered Isaiah to undergo a psychological evaluation. On August 4, 2014, the court calculated the maximum confinement time as 12 years, and awarded no time credits because Isaiah spent no time in custody. The court declared Isaiah a ward of the court and placed him on probation on various terms and conditions, including that he perform 80 hours of community service and complete a sex offender program. The court also ordered Isaiah to pay restitution and a restitution fine. Isaiah filed a timely notice of appeal. FACTS Although not related to them biologically, Isaiah resided in the same household as brothers J., Ma., and My. during February and March 2011.1 Isaiah was 13 or 14 years old at the time, and several years older than the other three boys. All four slept in the