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In re M.W.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR
Jan 25, 2012
B230484 (Cal. Ct. App. Jan. 25, 2012)

Opinion

B230484

01-25-2012

In re M. W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. M. W., Defendant and Appellant.

Bruce G. 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, Kenneth C. Byrne and David C. Cook, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. NJ25706)

APPEAL from a judgment of the Superior Court of Los Angeles County, Deborah B. Andrews, Judge. Affirmed as modified.

Bruce G. 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, Kenneth C. Byrne and David C. Cook, Deputy Attorneys General, for Plaintiff and Respondent.

M. W. appeals from an order of wardship (Welf. & Inst. Code, § 602) following a finding he committed the crime of second degree robbery, a felony (Pen. Code, § 211). He was placed home on probation, and the maximum period of confinement was determined to be five years. Appellant's sole contention on appeal is that the juvenile court erred in imposing a maximum confinement term because he was placed home on probation. We strike the maximum period of confinement and affirm in all other respects.

OVERVIEW

On August 10, 2010, a petition was filed under Welfare and Institutions Code section 602, alleging that appellant, who was 14 years old at the time, committed the crime of second degree robbery, a felony, in violation of Penal Code section 211. The juvenile court held an adjudication hearing and found the allegations of the petition to be true. The juvenile court sustained the petition, found the charge to be a felony, and declared appellant a ward of the court. The court placed appellant home on probation, imposed various conditions of probation, and determined the maximum term of confinement to be five years. Appellant filed a timely notice of appeal.

The underlying facts are not pertinent to this appeal and therefore are not set forth in this opinion.

DISCUSSION

Appellant's sole contention on appeal is that the juvenile court erred in setting a maximum term of confinement because he was committed to the custody of his parents.

Welfare and Institutions Code section 726, subdivision (c) provides that "[i]f 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 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." Welfare and Institutions Code section 726, subdivision (c) applies only if a minor is removed from the physical custody of his or her parent or guardian. (In re Ali A. (2006) 139 Cal.App.4th 569, 573.) Where, as here, a minor is placed home on probation and not removed from his parents' custody, the juvenile court lacks the authority to set the maximum period of confinement. (In re Matthew A. (2008) 165 Cal.App.4th 537, 541.)

DISPOSITION

The maximum term of confinement is stricken. In all other respects the order of wardship is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

WILLHITE, J. We concur:

EPSTEIN, P. J. SUZUKAWA, J.


Summaries of

In re M.W.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR
Jan 25, 2012
B230484 (Cal. Ct. App. Jan. 25, 2012)
Case details for

In re M.W.

Case Details

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

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

Date published: Jan 25, 2012

Citations

B230484 (Cal. Ct. App. Jan. 25, 2012)