In re Anthony R. CA2/6

Filed 7/7/15 In re Anthony R. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re ANTHONY R., a Person Coming 2d Juv. No. B254130 Under the Juvenile Court Law. (Super. Ct. No. JV51795) (San Luis Obispo County)

THE PEOPLE,

Plaintiff and Respondent,

v.

ANTHONY R.,

Defendant and Appellant.

Anthony R., a minor, appeals the judgment sustaining a juvenile wardship petition (Welf. & Inst. Code, § 602), with a finding that he committed a lewd act upon a child (Pen. Code, § 288, subd. (a)).1 We conclude, among other things, that: 1) substantial evidence supports the trial court's finding that he touched a child for the purpose of sexual gratification within the meaning of section 288, subdivision (a); 2) probation condition 7, which limits his association with children under the age of 12, should be modified to provide that he not knowingly associate with children in that age group; and 3) the trial court erred by imposing a maximum term of confinement. We

1 All further statutory references are to the Penal Code.

modify probation condition 7 and strike the maximum term of confinement. In all other respects, we affirm. FACTS In July 2013, Anthony R. was 16 years old. A.S. (also referred to as "the child") was a nine-year-old girl and Anthony R.'s cousin. On July 16, 2013, A.S. was at her grandmother's house. She went into Anthony R.'s room, sat down on the bed, and watched T.V. Anthony R. came into the room and sat down on the bed next to her. A.S. testified Anthony R. kissed her and he "put his hands in [her] pants." The prosecutor asked her, "Can you tell us where he touched you." She said, "On my pee-pee." A.S. said her words "pee-pee" meant her "vagina." D.D., her mother, came into the room while A.S. and Anthony R. were "still on the bed." A.S. told her mother "he touched my vagina" and "he touched my pee-pee." D.D. testified that "Anthony's door was cracked open." She looked in and saw "Anthony and [her] daughter laying on the bed." When she pushed the door open, Anthony R. "stood up, the blanket fell onto the bed and he kind of hiked his shorts up a little bit and sat at the computer. . . . He had to hike [his shorts] up a little bit, like they were down." Her daughter's "pants were unbuttoned" and her "shirt was pulled up." Her daughter told her that "he touched [her] pee-pee." Deputy Sheriff Matthew Shields testified Anthony R. told him "that nothing happened." Anthony R. subsequently changed that "statement" and said the child "came on to him, tried to kiss him." Deputy Sheriff Douglas Scotto testified he arranged for the child to have a "CAIT interview." This was an interview conducted by Tracy Nix, a specialist trained to interview children in these types of cases. Scotto watched on "closed-circuit T.V." to determine how the child responds to "open-ended and non-leading" questions. The trial court admitted People's exhibit 4B, a transcript of a July 22, 2013, interview with the child. In this interview, Nix asked, "Okay, what happened?" The