In re Luis M. CA5

FACTS AND PROCEDURAL HISTORY

In 2008, when minor was 12 years old, he placed his finger in the anus of a six- year-old boy. He had also done so on prior occasions. After a section 602 petition was filed, minor admitted one count of violation of Penal Code section 288, subdivision (a), commission of a nonforceable lewd act on a child. Minor was adjudicated a ward of the juvenile court and placed in the custody and control of the probation officer. On May 11, 2011, after minor absconded from a group home and was a fugitive in Mexico for over a year, the juvenile court committed him to DJF for a maximum period of seven years. Minor appealed from that order. In December 2011, while minor‟s appeal was pending, the Supreme Court held, in In re C.H. (2011) 53 Cal.4th 94, that a juvenile court may only commit a ward to DJF “if the ward … committed an offense listed in section 707[, subdivision] (b) and then only if the ward‟s most recent offense alleged in any petition and admitted or found to be true by the juvenile court [was] either an offense enumerated under section 707[, subdivision] (b)

2. or a sex offense described in Penal Code section 290.008[, subdivision] (c).” (Id. at p.…