Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County, No. TJ18603, Charles R. Scarlett, Judge. Modified and affirmed.
Tanya Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Susan Sullivan Pithey and David Zarmi, Deputy Attorneys General, for Plaintiff and Respondent.
EPSTEIN, P. J.
Minor M.H. appeals from a juvenile court disposition order that placed her in camp for a maximum of three years two months and gave her 18 days of predisposition credit. The parties agree that the juvenile court aggregated the maximum period of confinement on minor’s two sustained Welfare and Institutions Code section 602 petitions, but failed to aggregate her predisposition credit. We modify the order to give minor predisposition credit on both petitions.
PROCEDURAL SUMMARY
On February 9, 2010, the District Attorney’s office filed a petition under Welfare and Institutions Code section 602, alleging that minor committed attempted murder (Pen. Code, §§ 187, subd. (a), 664) (count1) and acted as an accessory after the fact (Pen.Code, § 32) (count 2). On April 22, 2010, minor admitted count 2. The juvenile court dismissed count 1, placed minor home on probation for six months, and gave her 44 days of predisposition credit.
A second petition, alleging minor committed misdemeanor battery (Pen. Code, § 242), was filed on June 21, 2010. Minor admitted the allegation, and the matter was continued for disposition. On February 8, 2011, minor turned herself in after seven months on the run. The juvenile court ordered her placed in the care of the probation department. On February 25, 2011, the court terminated minor’s previous probation, placed her in camp for a mid-term of six months with a maximum term of three years two months, and gave her 18 days of predisposition credit.
This timely appeal followed.
DISCUSSION
When a juvenile court aggregates a minor’s period of physical confinement on several petitions, it must also aggregate the predisposition custody credits under those petitions. (In re Stephon L. (2010) 181 Cal.App.4th 1227, 1232.)
The juvenile court was advised that the maximum period of confinement on the first petition was three years. (Pen.Code, §§ 32, 18.) On the second petition, minor admitted that she committed battery carrying a maximum period of confinement of six months. (Pen. Code, §§ 242, 243.) In imposing a maximum period of confinement of three years two months, the juvenile court apparently aggregated the maximum period of confinement on the two petitions. It gave minor 18 “additional” days of predisposition credit without mentioning the 44 days of credit to which minor was entitled from the disposition of the first petition. The minute order from the February 25, 2011 disposition hearing reflects a credit of only 18 days.
DISPOSITION
The February 25, 2011 disposition order is modified to reflect 62 days of predisposition credit. The order is otherwise affirmed.
We concur: WILLHITE, J.MANELLA, J.