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In re T.E.

California Court of Appeals, Second District, Eighth Division
Mar 8, 2010
No. B217262 (Cal. Ct. App. Mar. 8, 2010)

Opinion

NOT TO BE PUBLISHED

Appeal from a judgment of the Superior Court of Los Angeles County, No. GJ27069, Robert Leventer, Judge.

Bruce G. Finebaum, under appointment by 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, Scott A. Taryle and Laura J. Hartquist, Deputy Attorneys General, for Plaintiff and Respondent.


BIGELOW, P. J.

DISCUSSION

In an oral pronouncement, the juvenile court ordered appellant to be placed home on probation, perform 100 hours of community service and pay a $100 fine for his part in a robbery. (Pen. Code, § 211.) The minute order, however, indicates that appellant was not to be held in physical confinement for a period to exceed five years. Appellant contends, and the People concede, that the judgment entered in the minutes fails to reflect the judgment pronounced by the juvenile court and does not comport with the law. (People v. Mesa (1975) 14 Cal.3d 466, 471; Welf. & Inst. Code, § 726, subd. (c) [confinement only for minors removed from home].) We agree.

DISPOSITION

The case is remanded with directions to strike the reference to a maximum confinement time in the minute order. The corrected order shall be forwarded to all relevant agencies to the extent necessary. The judgment is otherwise affirmed.

We concur: FLIER, J., LICHTMAN, J.

Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.


Summaries of

In re T.E.

California Court of Appeals, Second District, Eighth Division
Mar 8, 2010
No. B217262 (Cal. Ct. App. Mar. 8, 2010)
Case details for

In re T.E.

Case Details

Full title:In re T.E., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:California Court of Appeals, Second District, Eighth Division

Date published: Mar 8, 2010

Citations

No. B217262 (Cal. Ct. App. Mar. 8, 2010)