In re K.L. CA2/6

Filed 8/17/22 In re K.L. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re K.L., a Person Coming 2d Juv. No. B319543 Under the Juvenile Court (Super. Ct. No. FJ57180) Law. (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

K.L.,

Defendant and Appellant.

K.L. appeals from the April 7, 2022 order of the juvenile court terminating his placement home on probation and ordering him placed at camp for a maximum confinement period of 3 years 10 months. He contends the juvenile court erred because it had already dismissed the Welfare & Institutions

Code, section 6021 petition then pending against him and there was no pending probation violation petition. (§777.) K.L. further contends the maximum confinement period set by the juvenile court violates section 730, subdivision (a)(2) because it exceeds a three-year commitment. Respondent correctly concedes both errors. Because there was no pending section 777 petition and the juvenile court dismissed the pending section 602 petition, there was no basis for the April 7, 2022 camp placement order. The order also sets an excessive maximum confinement period. Accordingly, we reverse the order dated April 7, 2022. FACTS In three separate petitions under section 602, K.L. was alleged to have committed a series of robberies between April and August 2020. He admitted to one felony second degree burglary (Pen. Code, §§459, 460, subd. (b)), one attempted second degree robbery (Pen. Code, §§ 664, 211) and one misdemeanor grand theft. (Pen. Code, § 487, subd. (c).) After the first section 602 petition was filed, the juvenile court ordered K.L. placed at home on probation. When the second petition was filed in October 2020, the juvenile court ordered K.L. detained in juvenile hall. He remained at juvenile hall or in a short term residential treatment program (STRTP) for the next 13 months. In August 2021, K.L.’s probation officer filed a section 777 petition alleging that K.L. violated the conditions of his probation by using fentanyl, fighting, and engaging in other misconduct while placed at a STRTP. K.L. admitted the allegations. The trial court ordered K.L. placed at a different STRTP. On November 8, 2021,