In re I.F. CA5

Filed 5/24/21 In re I.F. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 I.F., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F081495

Plaintiff and Respondent, (Super. Ct. No. JJD070882)

v. OPINION I.F.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Gary L. Paden, Judge. Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Ward A. Campbell, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P.J., Meehan, J. and DeSantos, J.

Minor, I.F., appeals from a disposition order continuing him as a ward of the juvenile court and committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF).1 On appeal, he argues that (1) the matter must be remanded for the trial court to exercise its discretion to strike the firearm enhancement, and (2) the juvenile court failed to award him 14 days of precommitment custody credit to which he was entitled. The People disagree with minor’s first contention but agree with his second contention. We modify the disposition order to reflect 148 days of precommitment custody credit instead of 134 days, and direct the trial court to correct the Judicial Council form JV-732 to reflect the modification. As modified, we affirm. PROCEDURAL SUMMARY Prior Petitions On January 16, 2018, the Tulare County District Attorney filed an amended wardship petition (Welf. & Inst. Code, § 602, subd. (a)) (the first petition), alleging minor committed grand theft (Pen. Code, § 487;2 count 1), resisting a peace officer (§ 148, subd. (a)(1); count 2), and receiving stolen property (§ 496, subd. (a); count 3). On January 24, 2018, minor admitted the truth of counts 2 and 3 in exchange for dismissal of count 1. On February 20, 2018, minor was granted a deferred entry of judgment. On July 26, 2018, minor was found to have been in noncompliance with the terms of the deferred entry of judgment.