In re S.W.

















Filed 9/28/10 In re S.W. CA4/3











NOT TO BE
PUBLISHED IN OFFICIAL REPORTS





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opinion has not been certified for publication or ordered published for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 THE COURT OF APPEAL OF
THE STATE OF CALIFORNIA



FOURTH APPELLATE DISTRICT



DIVISION THREE




>

In re S.W., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent, v. S.W., Defendant and Appellant.	G042321 (Super. Ct. No. DL029114) O P I N I O N

Appeal from an order of the Superior Court of Orange
County, Donna L. Crandall, Judge. Affirmed.

Allison H. Ting, under appointment by the
Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Gary
W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Scott C.
Taylor, Deputy Attorneys General, for Plaintiff and Respondent.

S.W. appeals from an order after the juvenile
court ordered he serve eight years in the Department of Juvenile Justice for
violating Penal Code section 288, subdivision (a). S.W. argues the juvenile court violated his
federal constitutional rights by denying him local placement, the court
erroneously denied him a continuance to obtain an updated social report, and
the sex-offender registration requirement violates his federal constitutional rights. None of his contentions have merit, and we
affirm the order.

FACTS

We take the facts of the offense from our
prior nonpublished opinion People v. S.W.
(April 1, 2009, GO40651). Below we provide additional facts as relevant
to the issues to this appeal.

>Facts of the Offense

C.H.
had three biological children, N.N., J.N., and M.H. C.H. was S.W.'s guardian, and he moved in
with her and her family in May 2006.
S.W. was born on August 7, 1992.

Sometime
between August and November 2006, C.H., a registered nurse, left S.W. and less
than one-year-old M.H. in the car while she went inside her workplace to get
some personal items. S.W. was in the
front passenger seat, and M.H. was in a child seat in the back passenger seat
facing backwards. C.H. returned
approximately 10 minutes later. S.W. was
in the backseat holding M.H., and he had unlatched the car seat and pushed it
behind the driver's seat. C.H. went to
the car's passenger side and asked S.W. what he was doing. C.H. opened the door, and S.W. handed M.H. to
C.H. C.H. looked at S.W.'s crotch area
and saw the cloth that covered his zipper was flipped open, but the zipper was
closed. S.W. got out of the car, and
C.H. saw he appeared to have an erection as the tip of his penis was poking at
the top of the zipper area. When C.H.
asked S.W. what he was doing, he did not respond. C.H. never again left S.W. alone with M.H.,
and she instructed other family members to never leave them alone
together.

Approximately
one year later, 19-year-old N.N. was babysitting M.H. when S.W. arrived home
and walked into the kitchen. M.H.
followed S.W. into the kitchen. When
N.N. went into the kitchen approximately 30 seconds later, she saw S.W. with
his hand in his pants and he appeared to be stroking his erect penis. S.W. told M.H. to touch his penis. N.N. returned to the living room and she
called for M.H. to come to her. A little
later, she called her mother and told her what had happened.

After
advising him of his Miranda[1]
rights, Officer Lori Bartel interviewed S.W., who said he had an â€