In re T.B. CA5

FACTS AND PROCEDURAL HISTORY

In 2007, when appellant was 13 years old, he pushed a woman into her car, lifted her shirt and groped her breast. As appellant attempted to pull down his pants, the woman escaped. After appellant turned 14, he assaulted a motel maid while she was cleaning a room, pushed her onto the bed, held a gun to her head, lifted her shirt and groped her breast. Appellant lowered his pants and tried to force the woman to orally copulate him. The woman was able to escape. Appellant admitted two counts of a section 602 petition, sexual battery by restraint (count 2, Pen. Code, § 243.4, subd. (a)) and assault with intent to commit rape (count 4, Pen. Code, § 220); other counts were dismissed. The juvenile court determined the maximum period of confinement was seven years. It committed appellant to DJF on January 22, 2009. Neither offense admitted by appellant is listed in section 707, subdivision (b); assault with intent to commit rape is listed in Penal Code section 290.008, subdivision (c)(1).1

1 At the time of appellant‟s offense, section 731, subdivision (a)(4) provided that a minor adjudged a ward pursuant to section 602 could be committed to DJF only if…