In re M.H.
Filed 3/2/12
In re M.H. CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE
DISTRICT
DIVISION FOUR
In
re M.H., a Person Coming Under the Juvenile Court Law. __________________________________THE
PEOPLE,
Plaintiff and Respondent,
v.
M.H.,
Defendant and Appellant.
B231316
(Los Angeles County
Super. Ct. No. TJ18603)
APPEAL
from a judgment of the Superior Court of
County, Charles R. Scarlett, Judge. Modified and affirmed.
Tanya
Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D.
Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General,
Susan Sullivan Pithey and David Zarmi, Deputy Attorneys General, for Plaintiff
and Respondent.
______________________________
Minor M.H. appeals from a juvenile
court disposition order that placed her in camp for a maximum of three years
two months and gave her 18 days of predisposition credit. The parties agree that the juvenile court
aggregated the maximum period of confinement on minor’s two sustained Welfare
and Institutions Code section 602 petitions, but failed to aggregate her
predisposition credit. We modify the
order to give minor predisposition credit on both petitions.
On February 9, 2010, the
District Attorney’s office filed a petition under Welfare and Institutions Code
section 602, alleging that minor committed attempted murder (Pen. Code, §§ 187,
subd. (a), 664) (count1) and acted as an accessory after the fact (Pen.
§ 32) (count 2). On April 22, 2010, minor
admitted count 2. The juvenile court
dismissed count 1, placed minor home on probation for six months, and gave her
44 days of predisposition credit.
A second
petition, alleging minor committed misdemeanor
filed on June 21,
2010. Minor admitted the
allegation, and the matter was continued for disposition. On February 8, 2011, minor turned herself in after
seven months on the run. The juvenile
court ordered her placed in the care of the probation department. On February 25, 2011, the court terminated minor’s
previous probation, placed her in camp for a mid-term of six months with a
maximum term of three years two months, and gave her 18 days of predisposition
credit.
This
When a juvenile court aggregates a
minor’s period of physical confinement
on several petitions, it must also aggregate the predisposition custody credits
under those petitions. (
1227, 1232.)
The
juvenile court was advised that the maximum period of confinement on the first
petition was three years. (Pen.Code, §§
32, 18.) On the second petition, minor
admitted that she committed battery carrying a maximum period of confinement of
six months. (Pen. Code, §§ 242,
243.) In imposing a maximum period of
confinement of three years two months, the juvenile court apparently aggregated
the maximum period of confinement on the two petitions. It gave minor 18 “additional” days of
predisposition credit without mentioning the 44 days of credit to which minor
was entitled from the disposition of the first petition. The minute
order from the February 25, 2011 disposition hearing reflects a
credit of only 18 days.
The February 25,
2011
disposition order is modified to reflect 62 days of predisposition credit. The order is otherwise affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL
REPORTS
EPSTEIN,
P. J.
We concur:
WILLHITE,
J.
MANELLA,
J.
