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IN RE: DEBRA B., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. DEBRA B., Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Minor Debra B. appeals from the disposition in this matter, asserting that the court erred in determining the maximum term of confinement, and that the minute order failed to document the custody credit ordered at the hearing. Finding that the maximum period of confinement should be corrected, and that the order should reflect the custody credits, we otherwise affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Minor came before the court for disposition on three petitions under Welfare and Institutions Code section 602, one filed on February 25, 2009, alleging five misdemeanor counts, and two filed on February 26, 2009, alleging two misdemeanor counts and one misdemeanor count respectively. She had admitted all counts on the February 25 petition, and one count on each of the others. As she challenges only the dispositional order, we will not review the facts alleged in each of the admitted counts.
On March 30, 2009, the court ordered the minor placed in the Camp Community Placement program, with a maximum term of confinement of 20 months. At that time, the court also ordered predisposition credit of 140 days. The court reconfirmed the order on April 13, 2009, although that minute order failed to reflect the custody credit.
Minor asserts the court erred, and that her maximum term of confinement is 14 months; Respondent agrees that the court erred, but asserts the maximum is 18 months. As we explain below, Respondent is correct.
DISCUSSION
Welfare and Institutions Code section 726, subdivision (c) requires a court, when aggregating multiple counts or petitions for disposition, to calculate the maximum term of confinement pursuant to Penal Code Section 1170.1. As a result, the court must determine the principal term, and add to it one-third of the mid-term for each of the subordinate terms. (In re Eric J. (1979) 25 Cal.3d 522, 536-538; Pen.Code, § 1170.1, subd. (a).) These provisions apply to juveniles, whether the charge is a misdemeanor or a felony. (In re Eric J., supra, 25 Cal.3d at pp. 536-538.)
Each of the misdemeanors in the petitions carried a maximum six month term. Accordingly, the principal term is six months, and each of the subordinate terms is two months. As there were six subordinate terms, totaling 12 months, the maximum term of confinement is properly 18 months, and the minute order must be corrected to reflect that term. In light of the fact that the existing minute orders are inconsistent with respect to predisposition credit, the amended order should also reflect the 140 days ordered by the court on March 30, 2009.
DISPOSITION
The order is modified to set the maximum term of confinement at 18 months and to reflect that the minor is entitled to 140 days of predisposition credit. As modified, the judgment is affirmed.
We concur:
WOODS, Acting P. J. JACKSON, J.
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Docket No: B215689
Decided: September 03, 2010
Court: Court of Appeal, Second District, California.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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