In re Jonathan H.

Filed 8/2/06 In re Jonathan H. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

APPEAL from an order of the Superior Court of Los Angeles County. Shep Zebberman, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Modified and affirmed.

Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Jaime L. Fuster and Victoria B. Wilson, Deputy Attorneys General, for Plaintiff and Respondent.

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Jonathan H., a ward of the juvenile court (Welf. & Inst. Code, § 602),^[1] appeals from the order committing him to the California Youth Authority (CYA) following his admission that he possessed methamphetamine, a controlled substance (Health & Saf. Code, § 11377, subd. (a)). He contends that (1) the minute order of the dispositional hearing must be amended to reflect the juvenile court's four-year commitment order, and (2) the juvenile court erred in designating his prior firearm possession offense as a section 707, subdivision (b) offense. The People agree that the firearm offense was not a section 707, subdivision (b) offense, and we strike that designation. We otherwise affirm.

FACTS AND PROCEDURAL BACKGROUND

The probation report discloses that on December 13, 2004, police officers approached appellant after observing him standing under a no loitering sign. Appellant informed the officers that he was on probation with a search condition. A search revealed four small baggies containing methamphetamine in appellant's pocket.

A petition was filed on appellant's behalf alleging that he possessed methamphetamine. In January 2005, appellant admitted the allegation and the petition was sustained. He was ordered suitably placed for a maximum period of confinement of four years eight months. This term was comprised of three years for a sustained petition filed in October 2000 alleging that he was a minor in possession of a concealable firearm (Pen. Code, § 12101, subd. (a)), two months for a sustained petition filed in August 2002 alleging a violation of Penal Code section 537, subdivision (a)(1), eight months for a sustained petition filed in September 2002 alleging a violation of Penal Code section 459, two months for a sustained petition filed in May 2003 alleging a violation of Penal Code section 647, subdivision (f), and eight months for the current sustained petition alleging possession of methamphetamine.

In February 2005, a section 777 petition was filed alleging that appellant violated his conditions of probation in that he had been suspended from school for a gang-related fight and that he had left placement without permission and was found in possession of contraband. In March 2005, appellant admitted the probation violations, and the juvenile court ordered that the suitable placement order remain in full force and effect.

In April 2005, the probation department informed the juvenile court that appellant had again left placement without permission, and an arrest warrant was issued. In August 2005, following a hearing, the juvenile court ordered appellant committed to the CYA. The juvenile court set appellant's maximum confinement time by aggregating the upper term of three years for the Penal Code section 12101, subdivision (a) firearm violation, two months for the prior violation of Penal Code section 537, subdivision (a)(1), eight months for the prior violation of Penal Code section 459, and two months for the prior violation of Penal Code section 647. The juvenile court then inquired as to â€