In re Destiny G. CA5

FACTS AND PROCEDURAL HISTORY

While at a party sometime prior to February 20, 2013, Destiny stabbed another girl in the chest and abdomen three times with a knife during an argument. As a result, a wardship petition was filed pursuant to section 602, and, on April 24, 2013, Destiny admitted an allegation she committed assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). On July 8, 2013, Destiny was declared a ward of the court, the offense was declared to be a felony with a maximum confinement time of four years, and Destiny was given credit against that term for 143 days already spent in confinement. A commitment to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) was stayed; Destiny was committed to the Juvenile Justice Campus (JJC) for 180 days, and placed on probation on condition,

Penal Code section 1237.1, which prohibits a criminal defendant from raising an error in the calculation of presentence custody credits as the sole issue on appeal unless he or she first presents such claim in the trial court, does not apply to juvenile proceedings. (In re Antwon R. (2001) 87…