In re K.K. CA3

Filed 10/21/21 In re K.K. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

In re K.K., a Person Coming Under the Juvenile Court C093926 Law.

THE PEOPLE, (Super. Ct. No. JJCJVDE20170001516) Plaintiff and Respondent,

v.

K.K.,

Defendant and Appellant.

Appointed counsel for minor K.K. has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende); In re Kevin S. (2003) 113 Cal.App.4th 97, 119 [Wende procedure applies to appeals in juvenile delinquency cases].) We dismiss the appeal, which is taken from the denial of a postjudgment motion to reconsider his placement.

1

BACKGROUND After their relationship ended, the minor accused his ex-girlfriend of having sex with other boys. When her parents were out of town, he came to her house and harassed her throughout the night and early morning. He posted digital nude pictures of her on social media sites. Because he threatened to post more photographs if she did not meet with him, she went to his home. While there he called her names, and they fought. The minor repeatedly choked her, threatened to kill her, and refused to let her leave. He forced her to orally copulate him, and he sodomized her. While sodomizing her he continued to call her names and told her he wanted to be sure it hurt her because she deserved it. The minor admitted the allegations of a Welfare and Institutions Code section 6021 petition that he committed assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)), oral copulation with a person under the age of 18 years (Pen. Code, § 288a, subd. (b)(1)), and sodomy by use of force (Pen. Code, § 286, subd. (c)(2)(A)). The juvenile court declared the minor a ward of the court and committed him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) for a maximum term of confinement of nine years eight months. The October 2020 DJJ Annual Review and Updated Individualized Change Plan recommended the minor’s continued placement in the facility until October 2021, his projected review board date. Victim restitution had been paid. He had completed portions of his treatment and was working on stage three of his sexual behavior treatment program. His progress was slow and he continued to deflect responsibility, deny his crimes, and was angry and resentful. He had been at stage three for over a year.