People v. Calvin S.
Opinion
Opinion
Segal, J.
INTRODUCTION
After sustaining allegations that 14-year-old Calvin S. committed assault with a firearm and assault with intent to commit a sexual offense, the juvenile court declared Calvin a ward of the court pursuant to Welfare and Institutions Code section 602 and committed him to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF), for a maximum term of 15 years four months. Calvin contends that the juvenile court abused its discretion by committing him to the DJF rather than placing him in a less restrictive setting. He also argues that, pursuant to Penal Code section 654, the juvenile court should have stayed execution of the term of commitment imposed for assault with intent to commit a sexual offense, and that his attorney’s failure to argue for a shorter maximum term of commitment deprived him of effective assistance of counsel. We agree that the juvenile court abused its discretion in committing Calvin to the DJF and that the court should have stayed the term of commitment for assault with intent to commit a sexual offense. Therefore, we reverse and remand for a new disposition hearing.