In re J.C. CA5

Filed 1/25/22 In re J.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F082739

Plaintiff and Respondent, (Super. Ct. No. JW141149-00)

v. OPINION J.C.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Wendy L. Avila, Judge. Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Michael A. Canzoneri, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, A.P. J., Franson, J and DeSantos, J.

Minor, J.C., appeals from a disposition order adjudging him a ward of the juvenile court and committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ). On appeal, minor argues that the juvenile court erred in setting his maximum duration of confinement using the upper term of the trifecta that could be imposed upon an adult committing the same offense. The People agree. We reduce minor’s maximum term of confinement to eight years. As modified, we affirm. PROCEDURAL SUMMARY On July 9, 2020, the Kern County District Attorney filed a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)1) alleging minor committed rape by force (Pen. Code, § 261, subd. (a)(2); count 1), and rape of an unconscious person (Pen. Code, § 261, subd. (a)(4); count 2). On January 25, 2021, the juvenile court found that the allegations of counts 1 and 2 were true beyond a reasonable doubt. On May 5, 2021, the juvenile court held a disposition hearing at which it removed minor from the custody of his parent, adjudged him a ward of the court, and committed him to the custody of DJJ for a period not to exceed 10 years. On the same date, minor filed a notice of appeal. DISCUSSION2 Minor contends the juvenile court erred in setting his maximum time of confinement at 10 years.3 Specifically, minor contends he should have been committed