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People v. D.M. (In re D.M.)

California Court of Appeals, Second District, Sixth Division
Jun 25, 2024
2d Juv. B329266 (Cal. Ct. App. Jun. 25, 2024)

Opinion

2d Juv. B329266

06-25-2024

In re D.M., a Person Coming Under the Juvenile Court Law. v. D.M., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,

Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Lauren N. Guber, Deputy Attorney General, for Plaintiff and Respondent.


NOT TO BE PUBLISHED

Superior Court County of Los Angeles No. PJ54087 Susan Ser, Judge

Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Lauren N. Guber, Deputy Attorney General, for Plaintiff and Respondent.

CODY, J.

D.M. appeals the juvenile court's order sustaining allegations he committed second degree robbery. (Pen. Code, § 211; Welf. & Inst. Code, § 602.) He contends the juvenile court miscalculated his maximum term of confinement. The People concede and we will modify accordingly. We otherwise affirm.

FACTS AND PROCEDURAL BACKGROUND

Appellant and two others beat and robbed Ruben R. at gunpoint while he was walking down the street in Sherman Oaks. They took his baseball cap, backpack, and $300 in cash before fleeing in a car. They crashed into a curb during a police pursuit. Officers arrested appellant in Reseda Park after he fled the accident on foot.

The juvenile court ordered appellant placed in camp for five to seven months. It set the maximum term of confinement at five years: the middle term of three years on the second degree robbery count (Pen. Code, §§ 211, 213, subd. (a)(2)), plus two one-year terms for two vandalism counts (Id., § 594, subd. (a) &(b)(1)) for which he had been ordered into suitable placement in a prior adjudication.

DISCUSSION

Appellant contends his five-year maximum term of confinement exceeds the permissible adult middle term sentence on the same counts. (Welf. &Inst. Code, § 726, subd. (d)(1).) The People correctly concede the point.

"A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense." (Welf. &Inst. Code, § 730, subd. (a)(2).) The middle term for second degree robbery is three years. (Pen. Code, § 213, subd. (a)(2).) The term for misdemeanor vandalism is one year. (Id., § 594, subd. (b)(1).) Subordinate terms for felonies or misdemeanors consist of one-third of the middle term. (Id., § 1170.1, subd. (a); Welf. &Inst. Code, § 726, subd. (d)(3).) Thus, the maximum term of confinement for the offenses adjudicated against appellant is three years, eight months, calculated as follows: three years (the mid-term for second degree robbery), plus four months (one-third the term for the first vandalism count), plus four months (one-third the term for the second vandalism count).

DISPOSITION

The judgment (adjudication and disposition order) is modified to reflect a maximum term of confinement of three years, eight months. (Pen. Code § 1260.) The judgment is affirmed as so modified.

We concur: YEGAN, Acting P.J., BALTODANO, J.


Summaries of

People v. D.M. (In re D.M.)

California Court of Appeals, Second District, Sixth Division
Jun 25, 2024
2d Juv. B329266 (Cal. Ct. App. Jun. 25, 2024)
Case details for

People v. D.M. (In re D.M.)

Case Details

Full title:In re D.M., a Person Coming Under the Juvenile Court Law. v. D.M.…

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

Date published: Jun 25, 2024

Citations

2d Juv. B329266 (Cal. Ct. App. Jun. 25, 2024)