Opinion
C052355
12-13-2006
In re CHARLES M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. CHARLES M., Defendant and Appellant.
Following a contested jurisdictional hearing at which it heard evidence that 14-year-old Charles M. (the minor) touched a 13-year-old girls breasts and buttocks against her will, the juvenile court sustained an allegation the minor committed misdemeanor sexual battery (Pen. Code, § 243.4, subd. (e)(1)) and found the minor to be a person described by Welfare and Institutions Code section 602.
The matter proceeded immediately to disposition, at which the juvenile court imposed a theoretical maximum term of confinement of one year and placed the minor under the supervision of the probation officer for six months (Welf. & Inst. Code, § 725, subd. (a)).
On appeal, the minor contends the juvenile court erred in calculating his maximum term of confinement: It should be six months, not one year. The People concede the error.
The minor and the People are correct. Penal Code section 243.4, subdivision (e)(1) states in relevant part: "Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. . . ." (Italics added.)
DISPOSITION
The judgment is modified to reflect that the maximum term of confinement is six months. As modified, the judgment is affirmed.
We concur:
BLEASE, Acting P. J.
RAYE, J.