In re Robert M.

Appellant and minor, Robert M., appeals from the juvenile court’s order modifying the dispositional order in his Welfare and Institutions Code section 602 proceeding. Minor contends the order directing that he be housed at the Division of Juvenile Facilities (DJF) pursuant to section 1752.16 is unconstitutional in various respects, violates the Supreme Court’s mandate in In re C.H. (2011) 53 Cal.4th 94 [ 133 Cal.Rptr.3d 573 , 264 P.3d 357 ], and is an abuse of the juvenile court’s discretion. We disagree and affirm.

HISTORY

On January 25, 2010, approximately one month after his 17th birthday, minor disrobed his three-year-old sister and placed his finger in her vagina. Minor entered a no contest admission to a section 602 petition that alleged one count of violation of Penal Code section 288, subdivision (a) (lewd or lascivious act on a child under 14), and one count of violation of Penal Code section 289, subdivision (j) (sexual penetration of a child under 14 and more than 10 years younger than the perpetrator). At the dispositional hearing on April 13, 2010, the juvenile court declared minor a ward of the court and committed him to DJF, with a maximum commitment of…