In re N.M. CA4/2

INTRODUCTION

Defendant N.M. was born in July 1995. In a juvenile wardship petition (Welf. &

Inst. Code, § 656), it was alleged that, when defendant was 14 years old, he committed

eight sexual offenses against his two younger brothers,1 in violation of Penal Code

sections 286, subdivision (b)(1); 288, subdivisions (a) and (b)(1); and 288a, subdivision

(b)(1).2 Defendant admitted guilt to four counts—two for sodomy and two for oral

copulation—against each victim. (§§ 286, subd. (b)(1), and 288a, subd. (b)(1).)

Eventually, after several different placements, in November 2013, when defendant

was 18 years old, the juvenile court ordered defendant be committed for five years to

DJJ3 and be given precommitment confinement credit for 328 actual days.

On appeal, defendant challenges his commitment to DJJ and contends he is

entitled to 72 additional days of precommitment confinement credit. The People agree

defendant should receive additional credit but assert defendant’s commitment to DJ J was

proper. We agree with the People and affirm the judgment, as modified, to give

defendant credit for 72 additional days.

The boys are his half-brothers and share the same mother.

2…