In re J.I. CA3

Filed 5/24/24 In re J.I. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re J.I., a Person Coming Under the Juvenile Court C099335 Law.

THE PEOPLE, (Super. Ct. No. JV137919)

Plaintiff and Respondent,

v.

J.I.,

Defendant and Appellant.

When 17 years old, J.I. shot someone in the stomach at a party. He afterward admitted to attempting to murder someone—with enhancements for firearm use and great bodily injury—and was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ). Several years later, with the closure of DJJ imminent, the juvenile court recalled his DJJ commitment and committed him to a secure youth treatment facility.

1

In this appeal, J.I. challenges his commitment to a secure youth treatment facility and the juvenile court’s application of his custody credits. We affirm. We find J.I.’s challenge to the commitment moot because, after he filed his opening brief, the juvenile court released him from the secure youth treatment facility. We also conclude J.I. has not shown that the juvenile court erred in applying his custody credits. BACKGROUND In 2018, a wardship petition was filed against J.I. under Welfare and Institutions Code section 602,1 alleging that he committed an attempted murder (Pen. Code, §§ 664, 187, subd. (a)) and an assault with a deadly weapon (id., § 245, subd. (a)(2)). It was further alleged for the attempted murder, that J.I. personally used and discharged a firearm causing great bodily injury (id., § 12022.53, subd. (d)); for the assault, that J.I. personally used a firearm (id., § 12022.5, subd. (a)); and for both offenses, that J.I. inflicted great bodily injury (id., § 12022.7). Over two years later, J.I. admitted he attempted to murder someone, inflicted great bodily injury, and personally used and discharged a firearm. The juvenile court sustained the petition in part following J.I.’s admission, with the prosecutor dismissing the assault count in consideration of the admission. The juvenile court committed J.I. to DJJ for a maximum term of confinement of 30 years. A few months after the court committed J.I. to DJJ, the Legislature enacted a bill calling for the closure of DJJ on June 30, 2023. (Stats. 2021, ch. 18, § 10.) On June 29, 2023, with the closure of DJJ imminent, the juvenile court recalled J.I.’s commitment to DJJ. J.I. and the prosecution afterward filed competing motions about an appropriate placement in place of DJJ, with J.I. favoring release with supervised probation and the prosecution favoring placement in a secure youth treatment facility.