In re S.D. CA5

INTRODUCTION

Appellant S.D. challenges the juvenile court’s order setting his baseline term of confinement at seven years after finding true he committed first degree murder, first degree robbery and that the murder was committed during the perpetration of a robbery. On appeal, S.D. contends the juvenile court abused its discretion when it set his baseline term of confinement at seven years rather than at six years. The People disagree and contend the juvenile court exercised reasonable discretion in setting the baseline term of confinement at seven years. We conclude S.D. fails to demonstrate the juvenile court abused its discretion and affirm the judgment.

BACKGROUND

D.K. Sr. lived in a house on University Avenue in Bakersfield with his son, D.K. Jr., his daughter J.K. and D.K. Jr.’s children F.K., Jo.K. and B.K. D.K. Jr. was blind in one eye. In August 2022, J.K. invited two homeless teenagers, S.D. and K.M., to stay with them. The house had one bedroom that was described as the “safe room” with an ammunition reloader and two safes that contained about 40 guns, jewelry, money and some silver coins. D.K. Sr. kept a shotgun in his bedroom, either under the mattress or against…