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 care, custody and control of the Probation Officer,” respectively. These entries conflict with the reporter’s transcript which, as mentioned, reflects “[c]are, custody, control of the minor is placed with his parents under the supervision of probation.” The reporter’s transcript controls. (In re P.A. (2012) 211 Cal.App.4th 23, 30, fn. 4.) The minute order also has a checked box indicating “[m]inor may not be held in physical confinement for a period to exceed 5 yrs . . . .” The three above quoted minute order entries are erroneous and the trial court must correct the minute order by deleting them. (Cf. People v. Solorzano (1978) 84 Cal.App.3d 413, 415, 417.)

DISPOSITION

The order of wardship is modified by striking the court’s order specifying a maximum term of physical confinement of five years and, as so modified, the order of wardship is affirmed. The trial court is directed to correct its April 9, 2012 minute order consistent with this opinion.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KITCHING, J.

We concur:

KLEIN, P. J. CROSKEY, J.

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