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In re Adam A.

In re Adam A.
05:17:2006

In re Adam A.






Filed 5/4/06 In re Adam A. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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





(San Joaquin)


----











In re ADAM A., a Person Coming Under the Juvenile Court Law.




C047945



(Super. Ct. No. J55774)




THE PEOPLE,


Plaintiff and Respondent,


v.


ADAM A.,


Defendant and Appellant.



In August 2000, pursuant to a negotiated settlement, 13-year-old Adam A. (the minor), admitted charges of forcible oral copulation (Pen. Code, § 288a, subd. (b)(1)) and incest (Pen. Code, § 285) with his 12-year-old sister and was ordered suitably placed.


In May 2004, following several placement failures, the minor admitted violating a condition of his probation by kicking another ward while the two were in the Juvenile Justice Center.


In June 2004, prior to a dispositional hearing on the probation violation, the minor filed a motion to withdraw his previous admissions to the forcible oral copulation and incest charges. In August, the court denied the motion and in September committed the minor to the former California Youth Authority (CYA).[1]


On appeal, the minor contends: (1) the court erred in denying his motion to withdraw his admissions to the sex offenses, (2) the court abused its discretion in committing him to CYA, and (3) remand is required because the court failed to exercise its discretion to impose less than the maximum period of confinement. We reject defendant's first two claims, but we agree with him as to the third.


DISCUSSION


I


The minor contends that the juvenile court erred in denying his motion to withdraw his admissions to the sex offenses. This is so, he argues, because at the time he made the admissions, the court failed to advise him that if he was committed to CYA he would be required to register as a sex offender under Penal Code section 290 upon his release from CYA. We conclude that no error occurred.


Whenever a court accepts an accused's admission to a criminal charge, it is required to advise the accused of the â€





Description A decision regarding forcible oral copulation and incest with his 12-year-old sister and was ordered suitably placed.
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