Opinion
D042500.
11-17-2003
In re ARTURO F., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. ARTURO F., Defendant and Appellant.
Following Arturo F.s admission of unlawful driving or taking of a vehicle (Veh. Code, § 10851), the court declared him a ward and placed him on probation with conditions including a commitment to Breaking Cycles not to exceed 240 days. Two separate admissions of probation violations and one finding of another violation resulted in an additional 90 days in Breaking Cycles followed by Arturos placement with his mother (Mother), 11 days in juvenile hall followed by home supervision, and 240 more days in Breaking Cycles followed by placement with Mother. Following Arturos admission of misdemeanor resisting a peace officer (Pen. Code, § 148), the court committed him to juvenile hall for 30 days followed by home supervision. Following his admission of robbery (Pen. Code, § 211), the court ordered him to the Youth Correctional Center for a period not to exceed 450 days, followed by placement with his parents. After Arturo admitted more probation violations, the court committed him to juvenile hall for 30 days followed by home supervision. After he admitted another violation, it committed him to juvenile hall for 30 days followed by home supervision. After he admitted violating probation by removing his electronic surveillance ankle bracelet and leaving home, the court committed him to the California Youth Authority (CYA).
Arturo appeals, contending the court erred by ordering 830 days actual custody credits when he was entitled to 891. The People properly concede the point. The record shows that Arturo was entitled to 891days credit. We modify the judgment accordingly.
DISPOSITION
The judgment is modified to reflect 891 days custody credits. As so modified, the judgment is affirmed. The juvenile court is directed to file an amended commitment and to forward it to CYA.
WE CONCUR: BENKE, J., and McINTYRE, J.