In re Kevin G. CA2/4

Filed 5/20/13 In re Kevin G. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re KEVIN G., B241711 (Los Angeles County a Person Coming Under the Juvenile Court Law. Super. Ct. No. FJ49968)

THE PEOPLE,

Plaintiff and Respondent,

v.

KEVIN G.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert J. Totten, Commissioner. Affirmed as modified. Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

Kevin G. appeals from an order of wardship pursuant to Welfare and Institutions Code section 602 following the juvenile court’s finding that he committed the offense of failure to disclose the origin of a recording or audiovisual work in violation of Penal Code section 653w, subdivision (a). He was placed home on probation, and the maximum period of confinement was determined to be one year. Appellant’s sole contention on appeal is that the juvenile court erred in imposing a maximum confinement term because he was placed home on probation. We strike the maximum period of confinement and affirm in all other respects.

BACKGROUND On March 7, 2012, a petition was filed under Welfare and Institutions Code section 602, alleging that appellant, who was 15 years old at the time, committed the crime of failure to disclose the origin of a recording or audiovisual work, a felony, in violation of Penal Code section 653w, subdivision (a).1 The juvenile court held an adjudication hearing and found the allegations of the petition to be true. The juvenile court sustained the petition, granted appellant’s motion to reduce the offense to a misdemeanor (Pen. Code, § 17, subd. (b)), and declared appellant a ward of the court. The court placed appellant home on probation, imposed various conditions of probation, and determined the maximum term of confinement to be one year. Appellant filed a timely notice of appeal.