In Re Julian R.

People v. Julian R.

Bad Law
2009 Cal. LEXIS 8081·47 Cal. 4th 487·97 Cal. Rptr. 3d 790·213 P.3d 125
Supreme Court of CaliforniaAugust 17, 2009S159282California3,681 words

Opinion

Opinion

Kennard, J.

When a minor within the jurisdiction of the juvenile court is committed to California’s Department of Corrections and Rehabilitation, Division of Juvenile Justice, the juvenile court is required to indicate the maximum period of physical confinement. (Welf. & Inst. Code, § 726, subd. (c).) In setting that confinement period, which may be less than, but not more than, the prison sentence that could be imposed on an adult convicted of the same crime, the court must consider the “facts and circumstances” of the crime. (§731, subd. (c).)

This case presents two issues: First, must the juvenile court orally pronounce the juvenile’s maximum period of confinement, or will a written statement of that period suffice? Our answer: The latter is sufficient. Second, must the record show that the court complied with section 731, subdivision (c), by considering imposition of a confinement period — shorter than the adult maximum — that might be justified by the “facts and circumstances” of the crime or crimes committed by the juvenile? Our answer: On a silent record, as is the case here, we will presume that the juvenile court performed its statutory duty.

I

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