In re Alvaro J.
The District Attorney of Los Angeles County filed a petition alleging that Alvaro J. (Alvaro) came within the provisions of Welfare and Institutions Code section 602 because he committed the crime of possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a), a felony. The petition was amended to allege a misdemeanor violation of Health and Safety Code section 11377, subdivision (a) and Alvaro admitted the allegation. The juvenile court declared Alvaro to be a ward of the court and placed him on home probation with a one year maximum period of physical confinement.
On appeal, Alvaro contends that the juvenile court erred in denying his motion to suppress evidence and that the juvenile court could not set a maximum period of physical confinement because he was placed on home probation. We hold that the juvenile court properly denied Alvaros suppression motion and that the juvenile court erred in setting a maximum period of physical confinement. Accordingly, Court affirm the juvenile courts order declaring Alvaro to be a ward of the court and strike that part of the order setting a one year maximum period of physical confinement.
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