In re Anthony S. CA1/1

Filed 4/23/13 In re Anthony S. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re Anthony S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A135967 v. Anthony S., (Sonoma County Super. Ct. No. 35556-J) Defendant and Appellant.

After participating in a gang-related attack and being found in possession of marijuana, defendant was re-adjudged a ward of the juvenile court. Various probation violations followed, and the court authorized, prior to his 18th birthday, the prospect of incarceration in adult jail. On appeal, defendant challenges the adult jail authorization and the length of his commitment. He also claims the court failed to correctly calculate his maximum term of confinement and his custody credits. We modify the judgment to strike the portion of the order relating to an adult jail commitment. We also modify it to correct defendant’s presentence custody credits, and affirm the judgment as modified. FACTUAL BACKGROUND AND PROCEDURAL HISTORY On June 3, 2010, defendant and group of juveniles surrounded, threatened, and pushed a couple who had objected to the teenagers’ loud, drunken behavior at their apartment complex. The woman who was threatened was clearly pregnant. The

juveniles yelled “Norte” several times. All seven suspects were arrested and detained at juvenile hall. On June 4, 2010, the district attorney filed a wardship petition under Welfare and Institutions Code section 602,1 alleging that defendant, then age 15 and previously a ward of the juvenile court, was involved in a public fight. The offense was charged as a felony due to a gang enhancement. (Pen. Code, §§ 415, subd. (1), 186.22, subd. (d); Count 1.) The petition also alleges defendant’s participation in a criminal street gang (§ 186.22, subd. (a); Count 2), and that he had been in possession of not more than 28.5 grams of marijuana (Health & Saf. Code, § 11357, subd. (b); Count 3). June 8, 2010, defendant admitted Count 1 in exchange for dismissal of Counts 2 and 3 and reinstatement of probation. The plea waiver form states that the potential sentence on the admitted count was three years. Defendant’s initials are written next to that calculation. On June 23, 2010, the juvenile court adjudged defendant a ward and found his maximum term of confinement (MTC) to be 36 months. At that time, he was advised that 35 months and 9 days’ confinement time was still available. On September 17, 2010, a notice of probation violation was filed alleging that defendant had possessed gang paraphernalia, tested positive for illicit drugs, admitted to consuming alcohol, and failed to complete any community service hours. On September 20, 2010, defendant admitted violating probation. He was retained a ward of the court, and ordered placed in a residential treatment program. On September 30, 2010, defendant was placed at the Wilderness Recovery Center (WRC). On February 7, 2011, a notice of probation violation was filed after defendant was terminated from WRC for ongoing noncompliance, gang posturing, and vandalism of group home property. The petition was dismissed and he was again ordered to suitable placement.