Ruling by
Therese M. StewartLower Court
Solano County Superior CourtLower Court Judge
David E. PowerJuvenile ward who had been substantially complying with his rehabilitation plan was not presumptively entitled to a six-month reduction in his baseline term of confinement.
Court
California Courts of Appeal 1DCA/2Cite as
2024 DJDAR 836Published
Jan. 30, 2024Filing Date
Jan. 26, 2024Opinion Type
ModificationDisposition Type
AffirmedCase Fully Briefed
Oct. 2, 2023In re TONY R., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
TONY R.,
Defendant and Appellant.
No. A166850
(Solano County Super. Ct. No. J45405)
California Court of Appeal
First Appellate District
Division Two
Filed January 26, 2024
ORDER MODIFYING OPINION AND DENYING REQUEST FOR REHEARING
[NO CHANGE IN JUDGMENT]
Trial Court: Solano County Superior Court
Trial Judge: Hon. David E. Power
Counsel:
Amanda K. Roze, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Seth K. Schalit, Lisa Ashley Ott, Deputy Attorneys General, for Plaintiff and Respondent.
THE COURT:
The opinion filed on December 28, 2023, is modified as follows:
On page 10, footnote 7, second paragraph, add new penultimate sentence (before "The court granted the six-month reduction.") as follows:
The report noted that Tony had "not been subject to any incidents during his commitment to RISE," which was "commendable considering he ha[d] been in the program for approximately a year and a half"; it did not explain the inconsistency between this report of no incidents and earlier probation reports mentioning two fights early in the commitment.
The petition for rehearing is denied.
There is no change in judgment.
STEWART, P.J.
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
