In re Ethan R. CA1/2
Ethan R. (minor) admitted one count of rape where the victim was prevented from resisting by intoxication (Pen. Code, § 261, subd. (a)(3)), and was placed on indefinite probation in his father’s home. Within six months, minor ran away from home and went missing for over two weeks. He smoked marijuana daily, associated with gang members, and admitted to violating probation twice. Following the second violation of probation, the juvenile court committed minor to the Division of Juvenile Facilities (DJF) for eight years with credit for time served in precommitment custody.
On appeal, minor contends the juvenile court abused its discretion in committing him to DJF. He further contends the juvenile court failed to exercise its discretion when setting his maximum term of confinement. Finally, he argues his sentence is unauthorized because it does not reflect credit for time served.We will remand the matter to the juvenile court to allow the court to exercise its discretion in set
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