p. v. Shawn
p. v. Shawn
02:09:2006
P. v. SHAWN
Filed 1/25/06 In re Shawn D. CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
In re SHAWN D., JR., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
SHAWN D., JR.,
Defendant and Appellant.
F047720
(Super. Ct. No. JW103771-03)
OPINION
APPEAL from a judgment of the Superior Court of Kern County. H.A. Staley, Judge.
Thomas M. Singman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Clayton S. Tanaka and David A. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Following a contested hearing, the juvenile court sustained two allegations of lewd and lascivious conduct on a child under the age of 14 (Pen. Code, § 288, subd. (a)) and two allegations of sodomy on a person under the age of 18 (§ 286, subd. (b)(1)) against Shawn D., Jr. (appellant), and committed him to the Kern Crossroads Facility for a period not to exceed 11 years 4 months.
Appellant contends the juvenile court erred in sustaining three of the allegations. He further contends the juvenile court erred in failing to exercise its discretion in determining appellant's maximum time of confinement pursuant to Welfare and Institutions Code[1] section 731, subdivision (b). We agree that the trial court erred in sustaining one of the sodomy allegations, but in all other respects affirm.
FACTS
Appellant was 15 years old when he went into the back bedroom at his grandmother's house where his 12-year-old brother, Z., his 11-year-old sister, T., and his 9-year-old sister, S., were lying on the bed watching television. Appellant locked the door, got on the bed, and rolled T. on her back. He pulled down her pants and inserted his penis into her vagina, despite her protests. Appellant continued for a few minutes and encouraged Z. to do the same to S., but Z. just watched. When appellant stopped, the girls went into the other room, but did not tell anyone what had happened.
On another occasion, appellant came into the girls' bedroom in their parents' apartment while the girls were asleep. Appellant pulled down T.'s pants and â€
02:09:2006
Filed 1/25/06 In re Shawn D. CA5
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
FIFTH APPELLATE DISTRICT
In re SHAWN D., JR., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
SHAWN D., JR.,
Defendant and Appellant.
F047720
(Super. Ct. No. JW103771-03)
OPINION
APPEAL from a judgment of the Superior Court of Kern County. H.A. Staley, Judge.
Thomas M. Singman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Clayton S. Tanaka and David A. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Following a contested hearing, the juvenile court sustained two allegations of lewd and lascivious conduct on a child under the age of 14 (Pen. Code, § 288, subd. (a)) and two allegations of sodomy on a person under the age of 18 (§ 286, subd. (b)(1)) against Shawn D., Jr. (appellant), and committed him to the Kern Crossroads Facility for a period not to exceed 11 years 4 months.
Appellant contends the juvenile court erred in sustaining three of the allegations. He further contends the juvenile court erred in failing to exercise its discretion in determining appellant's maximum time of confinement pursuant to Welfare and Institutions Code[1] section 731, subdivision (b). We agree that the trial court erred in sustaining one of the sodomy allegations, but in all other respects affirm.
FACTS
Appellant was 15 years old when he went into the back bedroom at his grandmother's house where his 12-year-old brother, Z., his 11-year-old sister, T., and his 9-year-old sister, S., were lying on the bed watching television. Appellant locked the door, got on the bed, and rolled T. on her back. He pulled down her pants and inserted his penis into her vagina, despite her protests. Appellant continued for a few minutes and encouraged Z. to do the same to S., but Z. just watched. When appellant stopped, the girls went into the other room, but did not tell anyone what had happened.
On another occasion, appellant came into the girls' bedroom in their parents' apartment while the girls were asleep. Appellant pulled down T.'s pants and â€
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