In re J.D. CA3

Filed 11/19/20 In re J.D. CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re J.D., a Person Coming Under the Juvenile Court C089440 Law.

THE PEOPLE, (Super. Ct. No. JV137971)

Plaintiff and Respondent,

v.

J.D.,

Defendant and Appellant.

Minor J.D. was adjudged a ward of the Sacramento County Juvenile Court and committed to the Department of Corrections and Rehabilitation, Division of Juvenile

1

Facilities (DJF). On appeal, the minor contends (1) the final dispositional order must be corrected to accurately reflect the minor’s custody credits, (2) probation conditions must be stricken from the final dispositional order because defendant was confined to DJF and was not subject to probation conditions imposed by the juvenile court, and (3) a clerical error in the juvenile court’s dispositional order must be corrected. We will strike the probation conditions and direct the juvenile court to award the minor 185 days of predisposition custody credit, but no credit for days on electronic monitoring or in a juvenile work project. We will also direct the juvenile court to correct a clerical error regarding the amount of restitution fines. We will otherwise affirm the adjudication order. BACKGROUND The Sacramento County District Attorney filed an amended petition under Welfare and Institutions Code section 602,1 alleging the minor committed one count of residential burglary (Pen. Code, § 459 -- count 1) and two counts of possessing or receiving stolen property (Pen. Code, § 496, subd. (a) -- counts 2 and 3). The minor admitted counts 1 and 3 of the amended petition and the juvenile court dismissed count 2 in the interests of justice. The juvenile court deferred entry of judgment pursuant to section 790 and ordered restitution of $2,392.40. Thereafter, the district attorney filed a subsequent petition (the first subsequent petition) under section 602 alleging the minor committed one count of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4) -- count 1) and one count of resisting and obstructing a peace officer (Pen. Code, § 148, subd. (a)(1) -- count 2), a misdemeanor. The juvenile court found that the minor had failed to comply with the terms of his deferred entry of judgment, sustained counts 1 and 3 of the amended