Opinion
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of San Diego County No. J212418, George W. Clarke, Judge.
O'ROURKE, J.
The juvenile court continued Juan O. as a ward under Welfare and Institutions Code section 602, and committed him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) for a maximum term of confinement of eight years. Juan moved to change the order of commitment, and the court denied the motion. Juan appeals the denial of the motion to change the order of commitment.
Statutory references are to the Welfare and Institutions Code, unless otherwise specified.
BACKGROUND
In 2005, 13-year-old Juan touched eight-year-old Darlene M. on the outside of her vagina and buttocks with his hand, and showed her his penis. On August 10, 2006, Juan admitted committing a lewd and lascivious act with a child under age 14 (Pen. Code, § 288, subd. (a)). He was declared a ward of the court under section 602 and ordered detained on home supervision.
In late 2006, Juan was suspended and then terminated from his middle school, and involuntarily transferred to a different campus. On November 2, 2006, Juan admitted that he failed to obey school rules and that he was terminated for disciplinary reasons. The court detained Juan in juvenile hall, and then released him to Mi Casa group home (Mi Casa).
While Juan was housed at Mi Casa, staff found a three-inch pocketknife in one of his bedroom drawers. On June 20, 2007, Juan admitted possessing the knife and that it was a violation of the group home rules. The court ordered him to serve three days in juvenile hall and then return to Mi Casa. On June 21, 2007, the day after Juan admitted possessing the knife, staff found several pictures of shirtless adult males in his nightstand. One of the pictures showed a man's genitalia. Juan admitted the violation on July 18, 2007, and the court ordered him to serve six days in juvenile hall, followed by return to Mi Casa.
In October 2007, Juan rubbed another student's penis during a sexual treatment education program class. On November 14, 2007, Juan admitted committing a lewd and lascivious act with a child under the age of 14 (Pen. Code, § 288, subd. (a)). He was detained in juvenile hall and then placed in Children's Therapeutic Communities group home.
On May 22, 2009, Juan was discharged from Children's Therapeutic group home because he "did not follow directives, conveyed sexualized behaviors towards others, and had poor impulse control, " which "impeded his progress [and] created safety issues for other minors." On June 8, 2009, he admitted that he violated the terms of his probation by failing to follow the rules and instructions of his placement. He was detained in juvenile hall and then placed in the Highlander Residential Treatment Facility.
On December 21, 2009, Juan admitted violating the rules of the Highlander Residential Facility by "engaging in sexual, acting-out behaviors." At a contested disposition hearing on April 2, 2010, the court continued Juan as a ward and committed him to DJJ. The court observed the maximum term of confinement was 10 years, but set the maximum at eight years in exercise of its discretion. The court found that less restrictive alternatives had failed, Juan had been unwilling to cooperate and that he would benefit from the treatment provided at DJJ. Juan did not appeal his commitment to DJJ.
On November 12, 2010, Juan moved to change the order of commitment to DJJ under sections 775 and 779. The court denied the motion. On November 15, 2010, Juan appealed the denial of the motion. (§ 800, subd. (a).)
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as possible, but not arguable, issues: (1) whether section 731.1 relieved the juvenile court of jurisdiction to recall Juan's commitment to DJJ because his offense was a violation of Penal Code section 288; (2) notwithstanding section 731.1, did sections 775 or 779 permit the juvenile court to "change, modify, or set aside" Juan's commitment to DJJ; and (3) was the juvenile court's commitment of Juan to DJJ an abuse of discretion.
We granted Juan permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders, has disclosed no reasonably arguable appellate issues. Juan has been competently represented by counsel on this appeal.
DISPOSITION
The order denying the motion to change the commitment to DJJ is affirmed.
WE CONCUR: McINTYRE, Acting P.J., AARON, J.