In re William W. CA5

Filed 5/3/13 In re William W. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 WILLIAM W., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F065626

Plaintiff and Respondent, (Super. Ct. No. JW101780-03)

v.

WILLIAM W., OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Kern County. Jon E. Stuebbe, Judge. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

Before Levy, Acting P.J., Poochigian, J., and Detjen, J.

FACTS AND PROCEEDINGS On January 30, 2006, appellant, William W., waived his rights and admitted an allegation that he committed lewd and lascivious acts with a minor under 14 years old in violation of Penal Code section 288, subdivision (a).1 Appellant was placed on probation for a period not to exceed his 21st birthday. In January 2009, a supplemental petition was filed alleging that appellant had failed in his placement in four group homes. In February 2009, appellant was committed to the Division of Juvenile Justice, Department of Juvenile Facilities (DJF). The California Supreme Court issued its opinion in In re C.H. (2011) 53 Cal.4th 94, limiting commitments to DJF to offenses enumerated in Welfare and Institutions Code section 707, subdivision (b). The Legislature passed emergency legislation effective February 29, 2012, in response to the decision in C.H., amending Welfare and Institutions Code sections 731 and 733 so that a minor may be committed to DJF if the offense is described in either subdivision (b) of Welfare and Institutions Code section 707 or subdivision (c) of Penal Code section 290.008.2 On April 12, 2012, appellant’s commitment to DJF was recalled and the juvenile court placed appellant on probation. On May 7, 2012, a petition was filed pursuant to Welfare and Institutions Code section 777, alleging that appellant violated the terms of his probation by failing to follow his probation officer’s instructions to stay at the Rescue