In re Thomas H. CA1/2

STATEMENT OF THE CASE

On May 14, 2013, a wardship petition was filed alleging that 16-year-old appellant, already a ward of the court,1 had committed a robbery (Pen. Code, § 211) while personally using a firearm (Pen. Code, § 12022.53, subd. (b)). The petition was subsequently amended to add a second count alleging possession of a firearm in a school zone (Pen. Code, § 626.9, subd. (b)).

1 Appellant had two previously sustained wardship petitions for burglary (Pen. Code, § 459), from May and July 2012.

1 The jurisdictional hearing began on June 12. The court denied appellant’s motion to exclude statements made to the police by M.E., who was charged in the same incident and a subject of the same jurisdictional hearing. On June 14, the court found true the allegations of robbery and personal use of a firearm. It made no finding on the allegation of possession of a firearm in a school zone. On June 28, the court continued appellant as a ward and committed him to the custody of the probation officer for placement in a suitable foster home or facility. The maximum time of confinement, for the current and previously sustained petitions, was found to be 17 years and eight months.…