Opinion
F052329
4-14-2008
In re JOSE J., JR., a Person Coming Under The Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. JOSE J., JR., Defendant and Appellant.
Teresa M. Starinieri, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Michael A. Canzoneri, Deputy Attorney General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
OPINION
THE COURT
Before Vartabedian, Acting P.J., Gomes, J., and Dawson, J.
The court readjudged appellant, Jose J., Jr., a ward of the court (Welf. & Inst. Code, § 602) after he pled no contest to allegations charging him with misdemeanor battery on a cohabitant (Pen. Code, § 273.5). On appeal, Jose contends the court erred in its award of predisposition credit. We will find Jose is entitled to additional predisposition credits. In all other respects, we will affirm.
FACTS
Jose had several allegations in several prior petitions sustained prior to his commission of the battery offense in the instant matter. On April 23, 2004, Jose was detained for possession of less than an ounce of marijuana (Health & Saf. Code, § 11357, subd. (b)). He was subsequently charged with disturbing the peace (Pen. Code, § 415) and detained 20 days before he was released to the KTDA group home on May 12, 2004.
On September 20, 2004, he was detained on a violation of probation and held in juvenile hall 36 days until October 25, 2004, when he was placed at the Courage to Change Group Home.
On October 29, 2004, Jose was arrested for resisting arrest (Pen. Code, § 148). He was in custody 102 days until he was released on February 7, 2005, on a 24-hour furlough from which he did not return.
On February 27, 2006, Jose was arrested for first degree burglary and two other offenses. After serving a commitment to the Youth Correctional Center, he was released on August 30, 2006, after spending a total of 185 days in custody.
On October 29, 2006, Jose argued with his girlfriend over their infant daughter. When she tried to prevent him from leaving with the baby, Jose punched her twice in the face and pushed her against a wall. Jose was arrested on the underlying battery of a cohabitant offense.
On November 1, 2006, Jose entered his plea in the instant matter.
On January 22, 2007, Jose had been in custody 86 days. On that date the court aggregated the time for several prior petitions, set Joses maximum term of physical confinement at nine years four months, and committed him to the Elkhorn Correctional Facility Delta Program for a period not to exceed 365 days. The court also awarded Jose predisposition custody credit of 327 days.
DISCUSSION
Jose contends the court erred in its award of predisposition custody credit because he was entitled to 430 days of such credit instead of the 327 days the court awarded him. We will conclude that Jose is entitled to 429 days of predisposition custody credit.
A juvenile is entitled to credit for days he spent in custody against an aggregated term of confinement. (In re Eric J. (1979) 25 Cal.3d 522, 536.)
Here, Jose was in custody 20 days from April 23, 2004, through May 17, 2004, 36 days from September 20, 2004, through October 25, 2004, 102 days from October 29, 2004, through February 7, 2005, 185 days from February 27, 2006, through August 30, 2006, and 86 days from October 29, 2006, through the date of Joses disposition hearing on January 22, 2007. Thus, Jose was entitled to a total of 429 days of predisposition credit (20 days + 36 days + 102 days + 185 days + 86 days = 429 days).
Jose contends he was in custody 103 days from October 29, 2004, through February 8, 2005. However, he is not entitled to credit for February 8, 2005, because he failed to return from a 24-hour furlough and was not in custody that day.
DISPOSITION
The judgment is modified to award Jose 429 days of predisposition credit. As modified, the judgment is affirmed.