In Re Alex U.

Sixteen-year-old Alex U. (Alex) admitted to the police that he sodomized his 13-year-old half brother about 20 times, twice had his half brother masturbate him, and once orally copulated and once masturbated his half brother during the two-year period before his father walked in on an act of sodomy on July 23, 2006. Alex admitted to the police that the sex acts occurred in his and his half brother’s bedroom when no one was around. His half brother told the police that the sodomy was forcible and painful.

After the filing of a juvenile wardship petition, Alex admitted an allegation of continuous sexual abuse of a child. (Pen. Code, § 288.5, subd. (a); Welf. & Inst. Code, § 602, subd. (a).) At the dispositional hearing, the court found four circumstances in aggravation—great violence, planning, taking advantage of a position of trust, and engaging in violent conduct indicating a serious danger to society (Cal. Rules of Court, rule 4.421(a)(1), (8), (11) & (b)(1))—and two circumstances in mitigation—no prior record and voluntarily acknowledging wrongdoing at an early stage of the criminal process (Cal. Rules of Court, rule 4.423(b)(1), (3)). Finding that the circumstances…