In re Daniel S.
Appellant, Daniel S., was charged in a seventh supplemental petition pursuant to Welfare and Institutions Code section 602 on September 28, 2006, with second degree burglary (Pen. Code, 460, subd. (b), count one), receiving stolen property (Pen. Code, 496, subd. (a), count two), and with violating probation ( 777, subd. (a)(2), count three). On November 9, 2006, appellant admitted counts two and three. Count one was dismissed. Appellant admitted count two as a felony. Appellant was charged in an eighth supplemental petition filed on November 21, 2006, pursuant to section 602, with felony possession of phencyclidine (Health & Saf. Code, 11378.5, count one), possession of methamphetamine for sale (Health & Saf. Code, 11378, count two), and violating probation ( 777, subd. (a)(2), count three). There was an allegation that counts one and two were committed for the benefit of a criminal street gang (Pen. Code, 186.22, subd. (b)(1)). On December 5, 2006, appellant admitted count two as a felony and count three. The remaining allegations were dismissed.
At the disposition hearing on December 27, 2006, the juvenile court committed appellant to the Department of Corrections and Rehabilitation, Juvenile Justice for a maximum term of six years eight months. In setting the maximum term of confinement, the juvenile court aggregated terms from prior petitions. The court granted appellant custody credits of 501 days. On appeal, appellant contends the record is vague and incomplete as to how his custody credit was calculated. The case is remanded to the juvenile court for a hearing on how many additional days of custody credits, if any, appellant may be entitled to receive.
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