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In Re D.R., A Person Coming Under the Juvenile Court Law. v. D.R

November 22, 2011

IN RE D.R., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
D.R., DEFENDANT AND APPELLANT.



(Super. Ct. No. JV117746)

The opinion of the court was delivered by: Nicholson , Acting P. J.

In re D.R.

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

In June 2007, the minor D.R. was adjudged a ward of the juvenile court based on the finding he had committed misdemeanor vehicle theft (Veh. Code, § 10851, subd. (a)). The minor was continued as a ward of the court on seven separate occasions for possession of stolen property (Pen. Code, § 496, subd. (a)), three probation violations, felony possession of a firearm by a minor (Pen. Code, § 12101, subd. (a)(1)), attempted burglary (Pen. Code, §§ 664/459), unlawful intercourse with a minor (Pen. Code, § 261.5), and oral copulation with a minor (Pen. Code, § 288a, subd. (b)(1)).

In August 2010, the People filed a subsequent Welfare and Institutions Code section 602*fn1 petition alleging the minor committed assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). The People also filed a section 777 notice of motion regarding a probation violation, alleged the minor committed assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)), and battery (Pen. Code, § 242).

The minor admitted both allegations in the section 777 notice, and the juvenile court dismissed the subsequent section 602 petition in the interests of justice. The juvenile court committed the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF), for a term of two years. The minor was committed pursuant to a prior petition, sustained in May 2010, in which the minor admitted committing unlawful sexual intercourse with a minor (Pen. Code, § 261.5) and oral copulation of a minor (Pen. Code, § 288a, subd. (b)(1)), the latter offense of which the juvenile court found to be an offense described in section 707, subdivision (b).

The juvenile court amended the dispositional order nunc pro tunc, vacating the order that the minor register as a sex offender and the finding that Penal Code section 288a, subdivision (b)(1), was an offense described in section 707, subdivision (b).

On appeal, the minor contends his commitment to DJF must be reversed because his violation of Penal Code section 288a, subdivision (b)(1), did not render him eligible for commitment. We affirm.

DISCUSSION

We dispense with recitation of the underlying facts as they are unnecessary to the resolution of this appeal.

The minor was committed to DJF based on the sustained petition of May 2010, specifying Penal Code section 288a, subdivision (b)(1), as the DJF eligible offense.

Section 733 states that a minor is not eligible for commitment to DJF unless he or she has committed an offense listed in subdivision (b) of section 707, or in subdivision (c) of Penal Code section 290.008. (§ 733, subd. (c).) The minor's offenses are not among those listed in section 707, subdivision (b). (See § 707, subd. (b)(1)-(30).) Penal Code section 290.008, subdivision (a) states that a person who has been adjudicated a ward of the court because of the commission of an offense listed in subdivision (c) shall be required to register as a sex offender following his or her release from the Department of Corrections and Rehabilitation. ...


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