Filed 8/22/17 In re E.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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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)
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| In re E.E., a Person Coming Under the Juvenile Court Law. | C083730
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THE PEOPLE,
Plaintiff and Respondent,
v.
E.E.,
Defendant and Appellant.
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(Super. Ct. No. JJC-JV-DE-2016-0002024)
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E.E., a minor, contends on appeal the juvenile court erred in failing to specify the maximum period of physical confinement at the disposition hearing. The People concede error, and we will remand the matter to the juvenile court with directions to set the maximum physical confinement time.
FACTUAL AND PROCEDURAL BACKGROUND
On October 29, 2016, E.E. and three other teenagers approached P.R. and asked for his cell phone and money. P.R. refused, and E.E. grabbed the victim from behind while another teenager took the victim’s cell phone and fled. E.E. was 13 years old at the time of the incident.
On November 1, 2016, a Welfare and Institutions Code section 602 petition was filed against E.E., alleging robbery (Pen. Code, § 211; count 1), conspiracy to commit robbery (id., §§ 182, subd. (a)(1), 211; count 2), and misdemeanor battery (id.,§ 242; count 3). On November 22, 2016, the juvenile court found all of the allegations true and sustained the petition. During the December 7, 2016 disposition hearing, the juvenile court adjudged E.E. a ward of the court, removed him from his parents’ custody, and ordered him to serve 116 days in juvenile hall. The court failed to specify a maximum term of confinement.
DISCUSSION
As both parties acknowledge, it is error to fail to specify the maximum period of confinement during the disposition hearing, if the minor is removed from parental custody. (Welf. & Inst. Code, § 726, subd. (d); In re Eddie L. (2009) 175 Cal.App.4th 809, 812.) We shall remand the matter to the juvenile court with directions to remedy the error.
DISPOSITION
The matter is remanded to the juvenile court with directions to set the maximum confinement time.
/s/
Duarte, J.
We concur:
/s/
Blease, Acting P. J.
/s/
Nicholson, J.
