In re Raphael R.
Appellant appeals from a February 2006 order declaring him a ward of the court under Welfare and Institutions Code section 602 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. Court 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, court affirm the judgment.
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