Opinion
E053459 Super.Ct.No. J227476
10-25-2011
In re P.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. P.S., Defendant and Appellant.
Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, and Gary W. Schons, Assistant Attorney General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of San Bernardino County. William Jefferson Powell IV, Judge. Affirmed with directions.
Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, and Gary W. Schons, Assistant Attorney General, for Plaintiff and Respondent.
Defendant and appellant P.S. (minor) admitted receiving stolen property, a misdemeanor. (Pen. Code, § 496, subd. (a).) Minor was declared a ward of the court and was placed on probation. Over the following months, minor admitted: a misdemeanor battery (Pen. Code, § 242); violating a term of his probation by testing positive for marijuana; violating two terms of his probation by hitting his sister in the face and being involved in a physical altercation with another student at his school; and violating a term of his probation by being suspended from school for violating school rules. Accordingly, he was removed from his home and given a placement. After minor admitted the battery, the juvenile court inquired of counsel as to the maximum term of confinement. Both parties agreed it was one year two months. However, at the dispositional hearing in which minor was removed, the juvenile court did not pronounce a maximum term of confinement, and the minute order from that hearing also does not state the maximum period of confinement.
Minor contends, and the People concede, that the minutes from the disposition hearing should be amended to reflect the one-year two-month maximum period of confinement. They are correct; when a minor is "declared a ward . . . and ordered removed from the physical custody of a parent or guardian, the court must specify and note in the minutes the maximum period of confinement." (Cal. Rules of Court, rule 5.795(b); see also Welf. & Inst. Code, § 726, subd. (c).) Accordingly, we will order the amendment of the minutes.
DISPOSITION
The superior court clerk is directed to amend the minutes of the April 25, 2011 disposition hearing to include a one-year two-month maximum period of confinement. In all other respects, the judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
HOLLENHORST
J.
RICHLI
J.