In re Devon F.
Filed 10/25/06 In re Devon F. CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| In re DEVON F., a Person Coming Under the Juvenile Court Law. | B186179 (Los Angeles County Super. Ct. No. KJ26248) |
| THE PEOPLE, Plaintiff and Respondent, v. DEVON F., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County. Daniel Lopez, Judge. Affirmed.
Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
___________________________
Devon F. appeals from a judgment declaring him a ward of the court and ordering his confinement for a period not to exceed 21 years and 4 months for his sexual assault of a female acquaintance. Because he raises no arguable issues for appeal, we affirm.
FACTS AND PROCEDURAL HISTORY
One afternoon in December 2004, then 17 year old appellant Devon F. drove to a bus stop with two friends. At the bus stop was Gerica, a young woman who appellant had dated in the past and who also had worked for him as a prostitute. Appellant stepped out of the car and told her to get inside. Seeing a gun next to the driver, Gerica complied. After switching cars and leaving one of appellant’s companions behind, appellant, his remaining friend, and Gercia drove to a park. Pointing the gun at her, appellant told her to walk to the park’s playground. Arriving at the playground, he forced her to engage in oral sex and intercourse with him and his friend. When they finished, they let her go. She walked to the car to get her belongings and left the park.
The police arrested appellant. The People filed a petition against him under Welfare and Institutions Code section 602, alleging he committed forcible rape and oral copulation while acting in concert, kidnapping to commit another crime, and that he committed his offenses while armed with a gun. Three days later, the People filed a second petition alleging possession of a firearm.
The court sustained the first petition and appellant admitted the second.[1] The court declared appellant a ward of the court. It ordered that he be confined on the first petition for a period not to exceed 21 years and 4 months.[2] It also ordered that he be confined for time already served on the second petition.
Appellant filed a notice of appeal. In January 2006, we appointed counsel to represent him on appeal. In May 2006, appellate counsel filed a brief stating he could not find any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) We notified appellant that he had the right to file a letter or brief if there were any issues he wanted to raise for our consideration. Appellant has filed nothing in response. We have independently reviewed the record and have found no arguable issues for appeal. Accordingly, the judgment is affirmed.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
RUBIN, J.
We concur:
COOPER, P. J.
FLIER, J.
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[1] In addition, the court dismissed with prejudice two other outstanding petitions against appellant alleging hit and run driving, driving without a license, and two counts of burglary and vandalism.
[2] In announcing sentence, the court misspoke by saying the maximum period of confinement was 20 years and 4 months, which was an arithmetic error. In fact, the court imposed a maximum term of 21 years and 4 months when one adds up the cumulative time the court imposed for each of his offenses: 10 years for kidnapping to commit another crime; 2 years and 4 months with a 3 year and 4 month gun enhancement for forcible oral copulation; and 2 years and 4 months with a 3 year and 4 month gun enhancement for forcible rape. The court’s minute order reflects the correct calculation of appellant’s maximum confinement as 21 years and 4 months.
