In re Abel C.
Filed 4/13/06 In re Abel C. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| In re ABEL C., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. ABEL C., Defendant and Appellant. | E038596 (Super.Ct.No. J184763) OPINION |
APPEAL from the Superior Court of San Bernardino County. Raymond P. Van Stockum, Judge. Affirmed, with directions.
James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Raquel M. Gonzalez, Supervising Deputy Attorney General, Lynne G. McGinnis, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
Alleging abuse of discretion, appellant Abel C. (appellant) seeks reversal of the July 14, 2005, order of the San Bernardino juvenile court directing his placement in the California Youth Authority (CYA). We find no abuse of discretion in the placement order and will affirm.
Appellant also argues, and respondent agrees, that the court erred in setting appellant's period of confinement four months in excess of the statutory maximum. We agree and order the abstract of judgment corrected to reflect the maximum period of confinement as nine years.
FACTS AND PROCEDURAL HISTORY
Appellant, already on probation for molesting his seven-year-old niece in 2002, molested his six-year-old cousin in 2005.
1. Events of 2002-2004
On August 15, 2002, 15-year-old Abel C. was arrested by Fontana police on charges of molesting his six-year-old niece. The victim reported, and appellant admitted, that on several occasions over a period of weeks he had touched her vaginal area, over her clothing, with his hand. Most of these molestations occurred while the victim was lying on the floor watching TV or when she was simply â€
