In re Moises R.
The Orange County Juvenile Court entered true findings on a delinquency petition alleging that Moises R. committed forcible sodomy (Pen. Code, § 286, subd. (c)(2); count 1), sodomy of a person under 14 years old and more than 10 years younger than the perpetrator (Pen. Code, § 286, subd. (c)(1); count 2) and two counts of committing a lewd act on a child under 14 (Pen. Code, § 288, subd. (a); counts 3 & 4). After the case was transferred to San Diego County, the San Diego County Juvenile Court adjudged Moises a ward (Welf. & Inst. Code, § 602) and ordered him placed in a community care facility.
Moises appeals, contending the findings on counts 3 and 4 must be reversed because there was insufficient evidence he had the requisite specific intent; the court miscalculated his maximum term of confinement (Welf. & Inst. Code, § 726, subd. (d)); and it failed to award him precommitment credit. The People properly concede these points.
In counts 3 and 4, Moises "laid [the victim] on [a] couch" and "pulled [the victim's] pants down." These acts were merely preparatory to the sodomy alleged in counts 1 and 2. (People v. Perkins (1982) 129 Cal.App.3d 15, 19.) The court calculated the maximum term as 19 years (13 years on count 1 and two years each on counts 2, 3 and 4)[1] and failed to award Moises credit for time he spent in juvenile hall before the dispositional hearing (In re Emilio C. (2004) 116 Cal.App.4th 1058, 1067).
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