IN RE: D.P. (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

INTRODUCTION

Minor and appellant D.P. (minor) committed a battery and was placed in a long-term camp community placement for a period not to exceed three years, 10 months.   But the juvenile court did not award any predisposition custody credit.

On appeal, minor contends that he was entitled to an award of 287 days of predisposition custody credit.   The Attorney General agrees that minor was entitled to an award of predisposition custody credit, but calculates that credit as 311 days.

We agree that minor was entitled to an award of predisposition custody credit and that he should be awarded 311 days of such credit.   We therefore affirm the adjudication order but remand the matter to the juvenile court with directions to modify the order to reflect an award of 311 days of predisposition custody credit against minor's maximum period of confinement.

PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed a petition pursuant to Welfare and Institutions Code section 302 alleging that minor committed battery in violation of Penal Code section 242, a misdemeanor.   Minor denied the allegation and was released to his parents on September 8, 2009.   On September 22, 2009, a bench warrant issued because minor had run away from home.¹  On October 4, 2009, minor was arrested based on the outstanding arrest warrant.   On October 28, 2009, the juvenile court placed minor in a long-term camp community placement pending disposition of the battery allegation.

On August 2, 2010, the juvenile court found the battery allegation true and sustained that petition.   On August 10, 2010, the juvenile court continued minor's placement in a camp community program, added two months to his maximum term of confinement on the previously sustained petition, for an aggregate period not to exceed three years, 10 months.

DISCUSSION

Minor challenges the juvenile court's failure to award him any predisposition custody credits, arguing that juveniles are entitled to actual predisposition custody credit for all time spent in custody prior to disposition.  “A juvenile is entitled to credit against his maximum period of physical confinement for any time he spends in actual custody prior to disposition.  (In re Eric J. [ (1979) ] 25 Cal.3d [522,] 536.)  ‘A juvenile's entitlement to predisposition custody credit is determined by Welfare and Institutions Code section 726.   (Eric J., supra, 25 Cal.3d at p. 535.)   That section provides in part:  “If the court elects to aggregate the period of physical confinement on multiple counts, or multiple petitions, including previously sustained petitions adjudging the minor award within Section 602, the ‘maximum term of imprisonment’ shall be the aggregate term of imprisonment specified in subdivision (a) of Section 1170.1 of the Penal Code․”  (Welf. & Inst.Code, § 726, subd (c).)  Penal Code section 1170.1 in turn states:  “[W]hen any person is convicted ․ whether in the same proceeding or court or in different proceedings or courts ․, the aggregate term of imprisonment for all ․ convictions shall be the sum of the principal term, the subordinate term, and any additional term imposed․”  (Pen.Code, § 1170.1, subd. (a).)  [¶] The California Supreme Court has concluded that when a juvenile court elects to aggregate a minor's period of physical confinement on multiple petitions pursuant to these foregoing statutory provisions, the court must also aggregate the predisposition custody credits attributable to those multiple petitions.  (Eric J., supra, 25 Cal.3d 522.)'  (In re Emilio C. (2004) 116 Cal.App.4th 1058, 1067 [11 Cal.Rptr.3d 85].)”  (In re Stephon L. (2010) 181 Cal.App.4th 1227, 1231- 1232.)

Here the juvenile court aggregated minor's maximum period of confinement on the current petition and the previously sustained petition and placed him in camp for a period not to exceed three years and 10 months.   Thus, the juvenile court was required to aggregate the predisposition custody credits attributable to those two petitions.   Minor was arrested for a probation violation on the previously sustained petition on October 4, 2009, and remained in custody through the August 10, 2010, disposition of the battery allegation in this case.   He therefore was entitled to predisposition custody credit for that entire period of 311 days.

DISPOSITION

The adjudication order is affirmed but remanded to the juvenile court with directions to modify the order to reflect 311 days of actual predisposition custody credit to be credited against minor's maximum period of physical confinement.

We concur:

FOOTNOTES

FN1. Minor was under a home on probation order based on a prior petition sustained on December 30, 2008..  FN1. Minor was under a home on probation order based on a prior petition sustained on December 30, 2008.

ARMSTRONG, Acting P. J. KRIEGLER, J.