In re S.W. 9/28/10 CA4/3

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: G042321

Case Date: 01/27/2011

Preview:Filed 9/28/10 In re S.W. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

In re S.W., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G042321 Plaintiff and Respondent, (Super. Ct. No. DL029114) v. OPINION S.W., Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Donna L. Crandall, Judge. Affirmed. Allison H. Ting, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.

S.W. appeals from an order after the juvenile court ordered he serve eight years in the Department of Juvenile Justice for violating Penal Code section 288, subdivision (a). S.W. argues the juvenile court violated his federal constitutional rights by denying him local placement, the court erroneously denied him a continuance to obtain an updated social report, and the sex-offender registration requirement violates his federal constitutional rights. None of his contentions have merit, and we affirm the order. FACTS We take the facts of the offense from our prior nonpublished opinion People v. S.W. (April 1, 2009, GO40651). Below we provide additional facts as relevant to the issues to this appeal. Facts of the Offense C.H. had three biological children, N.N., J.N., and M.H. C.H. was S.W.s guardian, and he moved in with her and her family in May 2006. S.W. was born on August 7, 1992. Sometime between August and November 2006, C.H., a registered nurse, left S.W. and less than one-year-old M.H. in the car while she went inside her workplace to get some personal items. S.W. was in the front passenger seat, and M.H. was in a child seat in the back passenger seat facing backwards. C.H. returned approximately 10 minutes later. S.W. was in the backseat holding M.H., and he had unlatched the car seat and pushed it behind the drivers seat. C.H. went to the cars passenger side and asked S.W. what he was doing. C.H. opened the door, and S.W. handed M.H. to C.H. C.H. looked at S.W.s crotch area and saw the cloth that covered his zipper was flipped open, but the zipper was closed. S.W. got out of the car, and C.H. saw he appeared to have an erection as the tip of his penis was poking at the top of the zipper area. When C.H. asked S.W. what he was doing, he did not respond. C.H. never again left S.W. alone with M.H., and she instructed other family members to never leave them alone together.

2

Approximately one year later, 19-year-old N.N. was babysitting M.H. when S.W. arrived home and walked into the kitchen. M.H. followed S.W. into the kitchen. When N.N. went into the kitchen approximately 30 seconds later, she saw S.W. with his hand in his pants and he appeared to be stroking his erect penis. S.W. told M.H. to touch his penis. N.N. returned to the living room and she called for M.H. to come to her. A little later, she called her mother and told her what had happened. After advising him of his Miranda1 rights, Officer Lori Bartel interviewed S.W., who said he had an ",,urge" in the kitchen. S.W. admitted both he and M.H. "handl[ed]" his penis, but he did not have an erection or ejaculate, and N.N. interrupted them. When Bartel asked him how that happened, he could not explain why. A petition alleged S.W. committed the following acts: Count 1, between June 1, 2006, and June 30, 2006, a lewd act upon a child under the age of 14 (Pen. Code,

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