Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. VJ37169, Philip K. Mautino, Judge.
Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, Jason Tran, Deputy Attorney General, for Plaintiff and Respondent.
JOHNSON, J.
After an adjudication hearing, the juvenile court found that S.G. disobeyed a court restraining order and committed battery. The court declared S.G. a ward of the court, and ordered her home on probation, with a maximum confinement term of eight months. S.G. appeals. We strike the maximum term of confinement, and affirm the juvenile court order in all other respects.
DISCUSSION
A restraining order issued August 27, 2008 and expiring December 1, 2008, precluded S.G. from being within 100 yards of another minor, J.A., in public places. On December 8, 2008, a petition alleged that on October 7, 2008, S.G. disobeyed the restraining order in violation of Penal Code section 166, subdivision (a)(4), and committed simple battery, in violation of Penal Code sections 242 and 243, subdivision (a).
At the March 23, 2009 juvenile court adjudication hearing, J.A. testified that on October 7, 2008, while she and a friend were walking home from school, J.A. heard S.G and a friend talking about her and heard them say her name. While J.A. was standing at a street corner, S.G. approached her from behind and pushed J.A. with her body hard enough to make J.A. step back. S.G. then walked away. S.G testified that she did not approach or push J.A., and did not remember even making eye contact with J.A.
The juvenile court sustained the petition and on April 30, 2009, declared S.G. a ward of the court, ordering her to be placed at home on probation. The juvenile court order stated “Minor may not be held in physical confinement for a period to exceed 8 months.”
S.G. appeals, arguing that the statement of a maximum term of eight months should be stricken. We agree. When the juvenile court removes a minor from the physical custody of her parents for criminal violations sustained under Welfare and Institutions Code section 602, it must specify the maximum term of imprisonment that could be imposed on an adult for the same offense. (Welf. & Inst. Code, § 726, subd. (c).) The court did not remove S.G. from her parents’ custody, but rather sent her home on probation. Under these circumstances, “[t]he statute did not empower the court to specify a term of imprisonment.” (In re Matthew A. (2008) 165 Cal.App.4th 537, 541; In re Ali A (2006) 139 Cal.App.4th 569, 573–574.) The statute prescribes the sentencing authority of the juvenile court, and it was improper to include a term of imprisonment in the disposition. We therefore order that the declaration of an eight-month maximum term be stricken. (See In re Matthew A., supra,165 Cal.App.4th at p. 541 [court of appeal should order correction of the disposition].)
DISPOSITION
The disposition order is modified to strike the maximum term of confinement. In all other respects the order is affirmed.
We concur: ROTHSCHILD, Acting P. J., CHANEY, J.