Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Tulare County No. JJD062314, Valeriano Saucedo, Judge.
Courtney Michele Selan, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, and Louis M. Vasquez, for Plaintiff and Respondent.
Before Vartabedian, Acting P.J., Cornell, J. and Levy, J.
OPINION
INTRODUCTION
On October 28, 2008, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that appellant, J.S., feloniously received stolen property (Pen. Code, § 496, subd. (a), count one), provided false information to a peace officer, a misdemeanor (§ 148.9, subd. (a), count two), and misdemeanor escape from a juvenile facility (Welf. & Inst. Code, § 871, subd. (a), count three). On November 4, 2008, appellant waived his rights and admitted count one as a felony. The remaining allegations were dismissed. On November 19, 2008, the juvenile court noted the aggregate term of confinement for appellant’s current offense and prior adjudications was four years eight months with 221 days of custody credit.
Unless otherwise noted, all statutory references are to the Penal Code.
In August 2007 a petition was filed alleging appellant committed the misdemeanors of carrying a switch-blade knife (§ 653k) and vandalism (§ 594, subd. (a)). Appellant received a deferred entry of judgment. Appellant committed new offenses. In March 2008, appellant admitted felony resisting of an executive officer (§ 69) and misdemeanor trespass (§ 602, subd. (o)). He also admitted the original possession of a switch-blade and vandalism allegations. On April 10, 2008, appellant admitted two misdemeanor allegations that he was intoxicated in public (§ 647, subd. (f)).
Appellant was first detained between September 2, 2007, and September 3, 2007, entitling him to two days of custody credits. Appellant was detained another two days between January 31, 2009, and February 1, 2008. The probation report notes only one day. Appellant was detained again from March 10, 2008, until September 23, 2008, a total of 198 days. Appellant was detained from October 26, 2008, until November 19, 2008, for a total of 25 days. Appellant spent 227 days in custody.
Respondent relies on the first amended information which indicates appellant escaped a juvenile facility on or about September 26, 2008. Appellant, however, accurately points out that appellant left the juvenile facility with a day pass on September 23, 2008 and failed to return. The total time span between March 10, 2008 and September 23, 2008 was 198 days, which is reflected in the probation report. The parties agree that appellant’s custody credits total 227 days.
On appeal, appellant contends and respondent concedes that the juvenile court failed to calculate all of appellant’s custody credit. We agree with the parties and will remand for the juvenile court to recalculate appellant’s custody credit.
Because the only issue on appeal concerns appellant’s custody credits, we do not recount the details of his offenses.
DISCUSSION
A minor is entitled to custody credits for time spent in custody prior to a disposition hearing against his or her maximum term of confinement. (In re Emilio C. (2004) 116 Cal.App.4th 1058, 1067-1068; In re Randy J. (1994) 22 Cal.App.4th 1497, 1503.) Section 1237.1 does not bar appellate review of juvenile appeals filed pursuant to Welfare and Institutions Code 800 where the only issue on appeal concerns custody credit. (In re Antwon R. (2001) 87 Cal.App.4th 348, 350-353.) The juvenile court only ordered 221 days of custody credit. Appellant was entitled to 227 days of custody credit.
DISPOSITION
The juvenile court’s order awarding appellant 221 days of custody credit is reversed. The matter is remanded for the juvenile court to award appellant 227 days of custody credits as of the disposition hearing on November 19, 2008. In all other respects, the judgment is affirmed.