In re Victor O.
Filed 8/22/06 In re Victor O. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 VICTOR O., a Person Coming Under the Juvenile Court Law. | B184212 (Los Angeles County Super. Ct. No. NJ14274) |
| THE PEOPLE, Plaintiff and Respondent, v. VICTOR O., Defendant and Appellant. |
APPEAL from a judgment of the Superior Court of Los Angeles County.Charles Clay III, Judge. Affirmed as modified.
Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Keith H. Borjorn and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.
In a petition, filed on April 5, 2005 by the Los Angeles County District Attorney, it was alleged that appellant was a minor within the provisions of Welfare and Institutions Code section 602. The specific allegations were that appellant possessed a firearm (Count 1, a felony; Pen. Code[1] § 12101, subd. (a)(1)); and that appellant possessed live ammunition (Count 2, a misdemeanor; §12101, subd. (b)(1). Appellant denied the allegations of the petition.
A court commissioner presided over the hearing in appellant's case and sustained both counts of the petition. Appellant's grant of home on probation was terminated and appellant was ordered committed to the California Youth Authority for a period not to exceed six years and six months. Appellant's maximum term was based upon five years for a previously sustained robbery allegation, an additional eight months for a previously sustained Vehicle Code allegation, and consecutive terms for the current petition of eights months on count 1, and two months on count 2.
DISCUSSION
On April 1, 2005, Los Angeles County Sheriff's Deputies conducted a traffic stop of a vehicle in which appellant was the passenger. During a search of the vehicle, a loaded firearm was located under the front driver's side mat, with the handle pointed towards the passenger side. The gun had one round in the chamber and 11 in the gun's magazine. The gun appeared to be operable and in good working order. At the hearing, one deputy testified that appellant admitted the gun was his and that he needed it for protection.
Appellant contends on appeal that his aggregate minimum term of confinement violates section 654 and due process. Appellant presents the argument that â€
