G.C.

People v. G.C.

Good Law
157 Cal. App. 4th 405·2007 Cal. App. LEXIS 1963·68 Cal. Rptr. 3d 523
Court of Appeal of CaliforniaNovember 29, 2007No. E041763California1,756 words

Opinion

lead Opinion

Ramirez, J.

*408 Opinion

INTRODUCTION

Minor admitted engaging in sexual intercourse with a child under the age of 14. (Pen. Code, § 288, subd. (a).) The court committed minor to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) 1 for nine years based upon the current crime and previous offenses. Minor concedes that the record supports his commitment to DJJ; however, he contends the court abused its discretion by committing him to DJJ based upon his most recent offense. Minor argues that the juvenile court should have aggregated his previous offenses and committed him to DJJ based only upon those prior offenses, in order to circumvent the requirement that minor register as a sex offender.

FACTS

The court found a factual basis for the admission in the detention report and probable cause declaration. Minor was 15 years old at the time of the offense. Minor and the victim lived in the same neighborhood. On March 15, 2005, the 13-year-old victim and her 13-year-old friend were riding their bicycles along a street in the neighborhood. The victim injured her ankle, causing the two girls to stop riding their bicycles. Minor approached the two girls…

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