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In re R.R.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE
Feb 16, 2012
B231528 (Cal. Ct. App. Feb. 16, 2012)

Opinion

B231528

02-16-2012

In re R.R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. R.R., 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, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson and Steven D. Matthews, Supervising 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. FJ46366)

APPEAL from an order of the Superior Court of Los Angeles County. Robert J. Totten, Commissioner. Affirmed and remanded with directions.

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, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson and Steven D. Matthews, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

Minor R.R. appeals from the order of wardship entered following a finding that he committed a second degree burglary. Minor contends that the juvenile court erred by failing to award him predisposition credits. We affirm the order, but remand for the juvenile court to determine minor's credits, if any.

BACKGROUND

As far as the record reveals, the first Welfare and Institutions Code section 602 petition against minor was filed December 9, 2009, and alleged a single count of grand theft committed on September 29, 2009. On January 5, 2010, minor admitted the allegation. The juvenile court sustained the petition, declared minor to be a ward of the court, placed him on probation for 12 to 36 months, and ordered that he remain released to his father.

According to a probation report, a second juvenile petition against minor alleged violations of Vehicle Code sections 10851 and 10853. The petition was apparently sustained, and a disposition hearing was held October 8, 2010. The juvenile court ordered minor placed in a camp community placement.

The third juvenile petition alleged that minor and a number of companions committed a burglary at Van Nuys High School on October 2 or 3, 2010. The petition states that minor was arrested on October 6, 2010, then released. After an adjudication hearing, the juvenile court found the petition true and sustained it, declared the offense to be a felony, and ordered minor to remain a ward of the court. On March 3, 2011, the court ordered minor's camp community placement to remain in effect and extended it for 30 days. The court calculated the maximum confinement term as four years four months. The court did not award any predisposition custody credits.

DISCUSSION

Minor contends that the juvenile court erred by failing to award him any predisposition custody credits with respect to the December 3, 2010 (third) petition. He asks this court to award him 149 days of credit, based upon his claim that he was in continuous custody from October 6, 2010, through the March 3, 2011 disposition hearing.

A minor is entitled to credit for time spent in custody prior to the disposition hearing, and the juvenile court must determine the amount of such credit. (In re Emilio C. (2004) 116 Cal.App.4th 1058, 1067.) A minor may raise an error in the award of such credits for the first time on appeal, notwithstanding Penal Code section 1237.1. (In re Antwon R. (2001) 87 Cal.App.4th 348, 350-352.)

Given the limitations of the appellate record, we are unable to determine how many days of credit, if any, minor should have been awarded. Accordingly, we remand the matter to the juvenile court for it to determine the predisposition credits, if any.

DISPOSITION

The order under review is affirmed, and the matter is remanded to the juvenile court to determine minor's predisposition credits.

NOT TO BE PUBLISHED.

MALLANO, P. J. We concur:

CHANEY, J.

JOHNSON, J.


Summaries of

In re R.R.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE
Feb 16, 2012
B231528 (Cal. Ct. App. Feb. 16, 2012)
Case details for

In re R.R.

Case Details

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

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

Date published: Feb 16, 2012

Citations

B231528 (Cal. Ct. App. Feb. 16, 2012)