In re D.E.
Filed 2/15/13 In re D.E. CA3
NOT TO BE PUBLISHED
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opinion has not been certified for publication or ordered published for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.
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE
DISTRICT
(San
Joaquin)
----
In re D. E., a Person
Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and
Respondent,
v.
D. E.,
Defendant and
Appellant.
C068749
(Super. Ct. No. 68579)
The
juvenile court sustained a petition alleging the minor, D. E., committed five
counts of vandalism, four counts of arson,
and one count each of arson of an
inhabited structure and possessing combustible material with the intent to
set fire to a structure. The court
adjudged the minor a ward of the court (Welf. & Inst. Code, § 602,
subd. (a)) and placed him on probation subject to various conditions, with 90
days’ predisposition custody credit.
On appeal,
the minor contends he was entitled to an additional 6 days’ custody credit; the
People agree. We shall modify the
probation order and affirm the judgment as modified.
DISCUSSION
Juveniles
are entitled to precommitment credit for time spent in custody. (In re
Eric J. (1979) 25 Cal.3d 522, 535-536; In re Ricky H. (1981) 30 Cal.3d 176, 184.) Penal Code section 2900.5, subdivision (b)
provides that presentence credit for adults shall be credited when the time in
custody is attributable to the same conduct for which a defendant has been
convicted; the same rule applies to juveniles.
(See In re Ricky H., at
p. 185.) In this case, the
sentencing court granted the minor 90 custody days for his most recent
detention. The minor asserts, and the
People agree, that he actually spent 96 days in custody from (and including)
March 14, 2011, through the dispositional hearing on June 17, 2011.
Although
counsel for the minor did not raise the issue below, it may be raised for the
first time on appeal. (
87 Cal.App.4th 348, 350-353 [Pen. Code, § 1237.1, which precludes a
criminal defendant from appealing his conviction on the ground custody credits
were miscalculated unless he first presents the claim to the trial court, does
not apply to juvenile appeals].)
We have
examined the record and agree the minor is entitled to six more days of custody
credit than awarded by the juvenile court, and the minute order of disposition
must be amended accordingly.
DISPOSITION
The
dispositional order is modified to grant the minor six additional days of
custody credit, for a total of 96 days’ predisposition custody credit. In all other respects, the order is
affirmed. The superior court is directed
to amend the dispositional order to reflect the correct number of credit days
and to forward a copy to the California Department
of Corrections and Rehabilitation, Division of Juvenile Justice.
ROBIE , Acting P. J.
We concur:
BUTZ , J.
DUARTE , J.
