In re J.R. CA2/6

Filed 12/21/23 In re J.R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.R., A Person Coming 2d Juv. No. B323750 Under the Juvenile Court Law. (Super. Ct. No. VJ46478) (Los Angeles County) _____________________________

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff and Respondent,

v.

J.R.,

Defendant and Appellant.

J.R. appeals the juvenile court’s order sustaining a petition alleging he had violated his probation on a charge of assault with a deadly weapon. (Welf. & Inst. Code,1 §§ 602, 777; Pen. Code, § 245, subd. (a)(1).) The court ordered appellant committed to a

1 Unless otherwise noted, all statutory references are to the

Welfare and Institutions Code.

Secure Youth Treatment Facility (SYTF) and set a maximum term of confinement of 5 years and 4 months and a baseline term of 2 years, the latter of which was reduced to 18 months in accordance with section 875, subdivision (b). The court also awarded appellant 1,054 days of precommitment custody credits, which were applied against his maximum term of confinement. Appellant contends the court erred in setting his maximum term of confinement and in applying his custody credits to that term rather than his 18-month baseline term. We affirm. FACTS AND PROCEDURAL HISTORY In October 2018, the Los Angeles County District Attorney’s office filed a wardship petition alleging that appellant, who was then 13 years old, had possessed weapons on school grounds (Pen. Code, § 626.10, subd. (a)(1)). In February 2019, the charge was reduced to a misdemeanor and appellant admitted the allegations of the petition. The court declared him a ward of the court and placed him home on probation for six months in accordance with section 725, subdivision (a). Appellant’s maximum term of confinement was set at 364 days and he was given 3 days of custody credit. In May 2019, another section 602 petition was filed alleging among other things that appellant had committed a robbery (Pen. Code, § 211) and that a principal committed the offense while armed with a firearm (id., § 12022, subd. (a)(1)). After the petition was amended to add a charge of assault by means of force likely to produce great bodily injury (GBI) (id., § 245, subd. (a)(4)), appellant admitted that charge and was placed in a camp- community placement for 5 months. The court set a maximum term of confinement of 4 years and awarded appellant 22 days of custody credit.