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In re Michael S.

California Court of Appeals, Fifth District
Jul 1, 2008
No. F054704 (Cal. Ct. App. Jul. 1, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Fresno County No. 04CEJ601613, Martin Suits, Commissioner.

Timothy E. Warriner, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

THE COURT

Before Vartabedian, Acting P.J., Levy, J., and Cornell, J.

Appellant Michael S., a minor, admitted an allegation that he committed a lewd and lascivious act against a child under the age of 14, in violation of Penal Code section 288, subdivision (a) (section 288(a)). Subsequently, at the disposition hearing, the court adjudged appellant a ward of the juvenile court, ordered him committed to the Department of Corrections and Rehabilitation, Juvenile Justice (DCRJJ), formerly known as the Department of the Youth Authority, and declared appellant’s maximum term of physical confinement (Welf. & Inst. Code, § 731, subd. (c)) to be eight years.

Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing. We will affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Facts

The report of the probation officer indicates that on August 19, 2007, two City of Fresno police officers, during the course of an investigation of a report of sexual molestation of a child, made contact with an eight-year-old girl (the victim) who told officers the following. Appellant is the victim’s cousin. He was “staying in her room” one night when he awakened her, pulled her pajama bottoms and panties down and touched and licked her “private area” for a “short time.” Appellant then took off his pants and put his penis in the victim’s mouth. The next night, appellant, who was naked, got into bed with the victim and put his erect penis in her vagina “for a long time.”

Except as otherwise indicated, all references to dates of events are to dates in 2007.

Appellant was 17 years old at the time of the events described above.

Procedural Background

It was alleged in a juvenile wardship petition (Welf. & Inst. Code, § 602) filed August 21 that appellant committed a single violation of Penal Code section 261, subdivision (a)(2) (forcible rape) and three violations of section 288(a). On October 17, appellant admitted one count of violating section 288(a), and all other allegations were dismissed. On November 19, the court granted appellant’s motion to withdraw his admission. On November 29, appellant again admitted a single count of violating section 288(a) and the court again dismissed all remaining allegations.

The disposition hearing was held January 28, 2008. After stating its findings that, inter alia, the victim was particularly vulnerable and the manner in which the offense was carried out indicated planning, sophistication and professionalism, the court stated, “After weighing the facts and circumstances of the matter, this Court will set the maximum period of confinement at eight years”

DISCUSSION

Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The judgment is affirmed.


Summaries of

In re Michael S.

California Court of Appeals, Fifth District
Jul 1, 2008
No. F054704 (Cal. Ct. App. Jul. 1, 2008)
Case details for

In re Michael S.

Case Details

Full title:In re MICHAEL S., a Person Coming Under The Juvenile Court Law. THE…

Court:California Court of Appeals, Fifth District

Date published: Jul 1, 2008

Citations

No. F054704 (Cal. Ct. App. Jul. 1, 2008)