In re Juan
Filed 3/2/06 In re Juan C. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 JUAN C., a Person Coming Under The Juvenile Court Law. |
|
| THE PEOPLE, Plaintiff and Respondent, v. JUAN C., Defendant and Appellant. |
F048526
(Super. Ct. No. JJD058162)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. William Silveira, Judge.
Rex Williams, 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, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
The juvenile court committed appellant Juan C. to the California Youth Authority (CYA) under a 10-year 10-month maximum period of confinement (MPC) for a series of narcotics and property-related offenses. On appeal, Juan contends the juvenile court abused its discretion by placing him at the CYA, miscalculated his MPC, and failed to stay two subordinate offenses. We will affirm the CYA commitment decision, but remand the matter to the juvenile court to reexamine the length of the MPC.
BACKGROUND
The Tulare County District Attorney filed three juvenile wardship petitions against Juan. (Welf. & Inst. Code, § 602.) The following facts are taken from Juan's various probation reports as he pled to most of the allegations.
I. August 10, 2004, Second Amended Petition
Count 1: On April 21, 2004, Porterville police responded to Juan's residence regarding a report of stolen property. Then 16 years old, Juan told the officers he saw two unknown individuals jump over his fence with various items he believed were stolen from a neighbor. The two gave him a stereo, two toy trucks, a gold watch, a bottle of tequila, and a cell phone so he would not call the police. Juan admitted a felony violation of receiving stolen property. (Pen. Code, § 496, subd. (a).)
Counts 2, 3, and 4: Tulare County Sheriff's officers stopped Juan while he was riding his bicycle at approximately 10:45 p.m. on June 4, 2004, for violating a city curfew ordinance. Juan consented to a search and the officers found a small bindle in his front pocket which Juan admitted contained â€
