In re Raphael R.
Filed
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FIVE
In re RAPHAEL R., a Person Coming Under the Juvenile Court Law. | B189768 ( No. JJ12628) |
THE PEOPLE, Plaintiff and Respondent, v. RAPHAEL R., Defendant and Appellant. |
APPEAL from a judgment of the Superior Court of Los Angeles County. S. Robert Ambrose, Temporary Judge. (Pursuant to
Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.
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Minor Raphael R. appeals from a February 2006 order declaring him a ward of the court under Welfare and Institutions Code section 602[1] after the trial court sustained a petition alleging that between July 2000 and July 2001 he committed a forcible lewd act upon Diana G. in violation of Penal Code section 288, subdivision (b)(1). Raphael, who was 12 years old at the time he committed the offense, was ordered home on probation, with a maximum term of physical confinement at eight years.
Raphael contends substantial evidence does not support the finding under Penal Code section 26 that he knew the wrongfulness of his conduct and that there is insufficient evidence to prove the amount of force required for a violation of Penal Code section 288, subdivision (b)(1). Raphael further contends the juvenile court failed to exercise its discretion pursuant to section 731, subdivision (b), when setting his maximum term of confinement. We hold that substantial evidence supports the findings and that section 731, subdivision (b) does not apply because Raphael was not removed from the custody of his parents, but was instead placed home on probation. Accordingly, we affirm the judgment.
STATEMENT OF FACTS
Prosecution Case
In April 2001, Raphael sexually molested his cousin Diana, then age four, at a communion party they attended for their cousin Lilia. Raphael grabbed Diana by her hand and held it firmly as he took her into the bathroom in Lilia's house and shut the door. Raphael pulled down his shorts and her shorts, laid down on the floor, and told her to sit on his â€
