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In re Antonio C.

California Court of Appeals, Second District, Seventh Division
Sep 9, 2008
No. B202249 (Cal. Ct. App. Sep. 9, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from an order of the Superior Court of Los Angeles County No. FJ38672, Cynthia Loo, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)

Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and David Zarmi, Deputy Attorneys General, for Plaintiff and Respondent.


WOODS, Acting P.J.

Antonio C. appeals from the juvenile court’s order declaring him a ward of the court and placing him home on probation. His sole contention is that the juvenile court erred by setting a maximum period of physical confinement. We affirm the order as modified.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2006, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging then 14-year-old Antonio C. had brought a weapon (a knife) on school grounds in violation of Penal Code section 626.10, subdivision (a), a felony. After Antonio C. admitted the allegation, the juvenile court ordered probation on specified conditions and granted deferred entry of judgment. (Welf. & Inst. Code, § 790.)

Statutory references are to the Penal Code unless otherwise indicated.

In June 2007, a second Welfare and Institutions Code section 602 petition was filed against Antonio C. for second degree robbery (§ 211) (count 1), resisting, obstructing or delaying a peace officer in the performance of official duties (§ 148, subd. (a)(1)) (count 2), and for attempting to dissuade a victim from assisting in the prosecution of a criminal offense (§ 136.1, subd. (b)(2)) (count 3).

A jurisdiction hearing was held on the second petition. According to the evidence, Michael B.’s cellular telephone was forcibly taken at school by Antonio C. and two other students on June 25, 2007. When he was arrested by school officer Norman Yau, Antonio C. threatened Michael B. with harm and was verbally and physically combative with the officer.

At the conclusion of the jurisdiction hearing, the juvenile court sustained the second petition as to counts 1 and 2, but dismissed count 3, after finding it had not been proved beyond a reasonable doubt. The court terminated deferred entry of judgment on the first petition and ordered Antonio C. released under the house arrest program pending the disposition hearing on the second petition.

At the September 6, 2007, disposition hearing, the juvenile court declared Antonio C. a ward of the court, ordered him home on probation subject to the previously imposed conditions of probation and ordered terminated the house arrest program. The court also calculated the maximum term of physical confinement as six years.

DISCUSSION

As Antonio C. contends, and the People acknowledge because Antonio C. was placed home on probation, the juvenile court’s calculation of the maximum term of physical confinement is of no legal effect. (See In re Ali A. (2006) 139 Cal.App.4th 569, 572-574 [when a minor is placed home on probation, the juvenile court is not required to include the maximum term of confinement in the disposition order; the maximum term of confinement contained in such an order is of no legal effect]; In re Joseph G. (1995) 32 Cal.App.4th 1735, 1744 [“[o]nly when a court orders a minor removed from the physical custody of his parent or guardian is the court required to specify the maximum term the minor can be held in physical confinement”].) Accordingly, we strike that portion of the juvenile court’s order, and affirm the order as modified.

DISPOSITION

The maximum term of physical confinement is stricken. As modified, the juvenile court’s order is affirmed.

We concur ZELON, J. JACKSON, J.


Summaries of

In re Antonio C.

California Court of Appeals, Second District, Seventh Division
Sep 9, 2008
No. B202249 (Cal. Ct. App. Sep. 9, 2008)
Case details for

In re Antonio C.

Case Details

Full title:In re ANTONIO C., a Person Coming Under the Juvenile Court Law. THE…

Court:California Court of Appeals, Second District, Seventh Division

Date published: Sep 9, 2008

Citations

No. B202249 (Cal. Ct. App. Sep. 9, 2008)