In re P.B. CA3

Filed 6/15/22 In re P.B. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 P.B., a Person Coming Under the Juvenile Court C094137 Law.

THE PEOPLE, (Super. Ct. No. JV139953)

Plaintiff and Respondent,

v.

P.B.,

Defendant and Appellant.

The minor P.B. appeals from a judgment following a contested disposition hearing removing the minor from his mother’s care and ordering sex offender treatment at a group home or short-term residential therapeutic program. The minor claims (1) the order was based on unreasonable inferences unsupported by the record, and (2) he received disparate treatment because another minor was allowed to complete sex offender treatment from home. Finding no abuse of discretion or error, we will affirm the judgment.

1

BACKGROUND On February 26, 2019, the People filed a juvenile wardship petition alleging the minor, who was then 13 years old, had committed a robbery. (Pen. Code, § 211.)1 The minor resolved the petition by admitting an attempted robbery. (§§ 664/221.) According to the stipulated factual basis for the plea, the minor kicked the victim in an attempt to obtain money from her backpack. The juvenile court adjudged the minor a ward of the court (Welf. & Inst. Code, § 602) and placed him on probation with various terms and conditions, including that he serve 52 days of home confinement with credit for 45 days served, complete 24 hours of community service, and pay a $100 restitution fine. On December 5, 2019, the People filed a second wardship petition alleging that on December 3, 2019, the minor committed a robbery (§ 211—count 1), and that on June 25, 2019, the minor engaged in lewd and lascivious acts upon a child under the age of 14 (§ 288, subd. (a)—count 2), lewd and lascivious acts upon a child under the age of 14 by use of force or fear (§ 288, subd. (b)(1)—count 3), sodomy by force or fear (§ 286, subd. (c)(2)(B)—count 4), and robbery (§ 211—count 5). The juvenile court ordered a psychological evaluation of the minor pursuant to section 288.1, resulting in a report from Dr. Matthew Soulier. Dr. Soulier recommended residential juvenile sex offender therapy if the allegations were found true. The minor admitted the count 1 December 2019 robbery and the count 2 June 2019 lewd and lascivious conduct and the juvenile court placed the minor on home supervision. The factual basis for the robbery was that the minor and accomplices punched the victim and took a pouch containing insulin, money, and other personal property, and the factual basis for the lewd and lascivious conduct was that the minor (age 14) engaged in anal intercourse with the victim (age 12). It was acknowledged that