In re Antonio
Filed 2/10/06 In re Antonio B. CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Yolo)
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| In re ANTONIO B., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. ANTONIO B., Defendant and Appellant. |
C048394
(Super. Ct. No. JD03-300)
|
Antonio B., a minor and ward of the juvenile court, admitted an act of forcible oral copulation with a person under the age of 14 years (Pen. Code, § 288a, subd. (b)(1)). He was placed at Teen Triumph, a group home providing sex offender treatment. Following his second failure of the program, he was committed to the California Youth Authority (CYA) for a maximum period of confinement of three years.
On appeal, the minor contends that remand is required because the juvenile court failed to comply with Welfare and Institutions Code section 731, subdivision (b),[1] which, in addition to requiring the court to determine the maximum period of imprisonment which could be imposed upon an adult convicted of the same offense as the minor, also requires the court to determine the maximum period of imprisonment which could be imposed upon an adult in circumstances similar to that of the minor. We agree and remand the matter for that purpose.
DISCUSSION
Prior to January 1, 2004, section 731, subdivision (b) provided in relevant part: â€
