In re Cameron C.
Filed 5/26/06 In re Cameron 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 CAMERON C., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. CAMERON C., Defendant and Appellant. | E038881 (Super.Ct.No. SWJ003696) OPINION |
APPEAL from the Superior Court of Riverside County. H. Dennis Myers, Judge. Affirmed in part, reversed in part, and remanded with directions.
Christopher Blake, 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, and Lilia E. Garcia, Supervising Deputy Attorney General, for Plaintiff and Respondent.
Following a contested jurisdictional hearing, the juvenile court found true that minor had committed a lewd and lascivious act upon a child under the age of 14 years. (Pen. Code, § 288, subd. (a).)[1] Minor was committed to the California Youth Authority (CYA) for a total maximum term of 10 years 10 months, which included terms for other previously sustained Welfare and Institutions Code section 602 petitions. On appeal, minor contends: (1) his total maximum confinement time should be reduced to eight years eight months, as the juvenile court lacked jurisdiction to impose commitment terms for two previous Welfare and Institutions Code section 602 petitions in which jurisdiction had been terminated; and (2) the juvenile court erred when it ordered him to submit to mandatory human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) testing. For the reasons explained below, we find a remand is necessary in this case.
I
FACTUAL BACKGROUND
In January 2005, then four-year-old E.S. lived across the street from minor and his parents. E.S. often played with minor's niece, who also lived in minor's parents' home.
On January 17, 2005, E.S. was in the garage at minor's house with other children eating ice cream. When she was done, minor told E.S. to touch and hold his penis, which she called his â€
