In re R.R. CA5

INTRODUCTION

Following contested jurisdictional and dispositional hearings, the juvenile court sustained allegations that minor R.R. (minor) committed rape and forced oral copulation against victim A.P. The court found not true additional allegations of two misdemeanor sexual batteries against victim E.R. (Pen. Code, § 243.4, subd. (e)(1); counts 3, 4). Minor was declared a ward of the juvenile court under Welfare and Institutions Code section 602,1 and the court committed him to a secure youth treatment facility (SYTF) for a baseline term of four years with a maximum term of confinement of five years eight months and eight days, including credit of 152 days of precommitment custody. Minor argues there is insufficient evidence to sustain the charges for forcible rape and forcible oral copulation, the juvenile court abused its discretion by failing to consider a less restrictive placement, minor’s precommitment custody credits were improperly applied to his maximum term of confinement under section 875, subdivision (c)(1) (section 875(c)(1)), instead of his baseline term under section 875, subdivision (b)(1) (section 875(b)(1)), and section 875(c)(1)(C)’s requirement that…