In re B.L. CA2/3

DISCUSSION

The Trial Court Erroneously Specified a Maximum Term of Physical Confinement. The reporter’s transcript of the April 9, 2012 dispositional hearing in this case reflects the court declared appellant a ward of the court. The court then stated, “[t]his offense is a felony, maximum confinement time is five years. Care, custody, control of the minor is placed with his parents under the supervision of probation.” Appellant claims the trial court erroneously specified a maximum term of physical confinement. We agree. The specification was error because the court did not order appellant removed from the physical custody of his parents; instead, the court ordered that care, custody, and control of appellant be placed with his parents under the supervision of probation. (In re Matthew A. (2008) 165 Cal.App.4th 537, 539, 541-542; In re Ali A. (2006) 139 Cal.App.4th 569, 571.) We will modify the judgment by striking the court’s specification of a maximum term of physical confinement. (In re Matthew A., at pp. 541-542.)

2 We note the April 9, 2012 minute order has two checked boxes indicating “[c]ustody of minor is taken from the parents or guardians” and “[m]inor is placed in the…