Opinion
B230986
12-16-2011
In re A.P., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A.P., Defendant and Appellant.
Bruce F. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, James William Bilderback II and Scott A. Taryle, Deputy Attorneys General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. FJ47393)
APPEAL from an order of the Superior Court of Los Angeles County, Robin Miller Sloan, Judge. Affirmed as modified.
Bruce F. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, James William Bilderback II and Scott A. Taryle, Deputy Attorneys General, for Plaintiff and Respondent.
INTRODUCTION
Appellant A.P., a minor, appeals from an order of the juvenile court sustaining a petition under Welfare and Institutions Code section 602 alleging one count of commercial burglary. (Pen. Code, § 459.) Appellant correctly asserts that the minute orders of the adjudication and disposition inaccurately state that the juvenile court declared a maximum period of confinement of one year. We order the minute orders corrected to delete the reference to the maximum period of confinement and otherwise affirm the order.
PROCEDURAL BACKGROUND
Because of the limited nature of this appeal, we need not recite the facts with respect to the offense that appellant was found to have committed.
A petition filed by the Los Angeles County District Attorney's Office under Welfare and Institutions Code section 602 alleged that appellant committed second degree commercial burglary by attempting to leave a 7-Eleven convenience store with several items for which he had not paid. (Pen. Code, § 459.) At an adjudication hearing on February 7, 2011, the juvenile court found the petition true but reduced the offense to a misdemeanor. The court ordered appellant to serve seven days in a juvenile detention facility but granted seven days of predisposition credit, and placed appellant on probation at home. Because appellant had already reached the age of majority, the juvenile court declared its jurisdiction terminated and released appellant.
Appellant appeals from the juvenile court's order sustaining the petition.
DISCUSSION
Appellant contends that the minute orders of the adjudication and disposition erroneously state that the juvenile court imposed a maximum confinement time of one year. Welfare and Institutions Code section 726, subdivision (c) provides: "If the minor is removed from the physical custody of his or her parent or guardian as the result of an order of wardship made pursuant to [Welf. & Inst. Code] Section 602, the order shall specify that the minor may not be held in physical confinement for a period in excess of the maximum term of imprisonment which could be imposed upon an adult convicted of the offense or offenses which brought or continued the minor under the jurisdiction of the juvenile court." (Welf. & Inst. Code, § 726, subd. (c).) On its face, this provision requiring that a maximum term of imprisonment be set applies only in the event that a minor is removed from the custody of his parent or guardian. (Ibid.) Because appellant was not removed from his parent's custody, this section did not apply to him. Moreover, the reporter's transcript demonstrates that the court did not impose a maximum confinement time. As respondent concedes, the court's oral pronouncement of a disposition controls over minute orders that may contain clerical errors. (People v. Mesa (1975) 14 Cal.3d 466, 471; People v. Zackery (2007) 147 Cal.App.4th 380, 387-389.)
We hereby grant appellant's request that the minute orders of the adjudication and disposition be corrected to delete the reference to a maximum term of confinement.
DISPOSITION
We order the minute orders of the adjudication and disposition modified to delete reference to a maximum confinement time. As modified, the orders are affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
WILLHITE, J.
We concur:
EPSTEIN, P. J.
SUZUKAWA, J.