In re J.Y. CA2/2

DISCUSSION

Because the oral pronouncement of sentence prevails over the minute order (People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2), the entry is a mistake and is subject

2 to correction (People v. Mesa (1975) 14 Cal.3d 466, 471–472). The minute order’s reference to a maximum term of confinement is erroneous because (1) the court made no such oral pronouncement, and (2) no maximum term applies where, as here, the minor is placed home on probation. The term of confinement had no legal effect. Welfare and Institutions Code section 726, subdivision (d) generally requires the juvenile court to specify a maximum term of confinement not exceeding the time of confinement allowable for an adult convicted of the same offense. But when a minor remains in the physical custody of his parents, that provision does not apply. (In re Matthew A. (2008) 165 Cal.App.4th 537, 541; In re Ali A. (2006) 139 Cal.App.4th 569, 573–574.) The order setting a maximum term of confinement is not authorized by statute. (In re Matthew A., supra, at p. 541.)

DISPOSITION

The juvenile court shall correct the dispositional minute order dated November 26, 2012, by striking the reference to a maximum term of…