In re O.C.
Filed 8/30/06 In re O.C. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Butte)
| In re O. C., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. O. C., Defendant and Appellant. | C051236
(Super. Ct. No. J26987)
|
O. C. (the minor) appeals from the juvenile court's denial of his motion to modify his sentence. On appeal, the minor asserts the juvenile court erred when it refused to grant him a continuance to seek retained counsel. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Following a contested jurisdictional hearing, the juvenile court sustained charges against the minor of resisting an officer (Pen. Code, § 69), criminal threats (Pen. Code, § 422), assault upon an officer (Pen. Code, § 245, subd. (c)), and vandalism causing less than $400 in damage (Pen. Code, § 594, subd. (a)). The minor was committed to the California Youth Authority for a maximum confinement of seven years and 10 months.
The minor appealed, and we held that the juvenile court violated Welfare and Institutions Code section 702 by not specifying whether the resisting an officer and criminal threats offenses were felonies or misdemeanors. (People v. O.C. (Feb. 18, 2005 C045464) [nonpub. opn. (O.C.)]; see In re Manzy W. (1997) 14 Cal.4th 1199, 1204.) We remanded the case to the juvenile court to determine whether the two offenses were misdemeanors or felonies, and to recalculate the minor's maximum period of confinement, if necessary. (O.C., supra.)
On May 11, 2005, the court determined that both offenses were felonies and reinstated the original maximum term. The minor did not personally appear, but was represented by counsel.
On July 15, 2005, the minor filed an in propria persona motion for modification of the sentence. The juvenile court heard argument on the motion on September 14, 2005. At the hearing, the minor asked for a continuance to â€
