In Re Claude J.

J.— In this appeal we consider whether the limitation on consecutive sentences set out in Penal Code section 1170.1, subdivision (a), is applicable to juvenile proceedings in which the minor is found to have committed multiple misdemeanor offenses. Although we think that Penal Code section 1170.1 is inapplicable to this case, we are bound by previous decisions of our Supreme Court, and therefore affirm the trial court’s order reducing appellant’s sentence.

I. Facts and Procedural History

Because the only issue on appeal is a question of law, we do not recite the facts in detail. In 1988, the minor, Claude J., was found to have committed five misdemeanor offenses. The trial court committed him to the custody of the California Youth Authority (CYA) for a period of thirty months, representing five consecutive six-month periods, which corresponded to the five misdemeanor offenses. The minor appealed (In re Claude J., No. A043156) and filed a petition for writ of habeas corpus (In re Claude J., No. A044646), which this court denied. In those proceedings, the minor argued that the maximum term of confinement should be recalculated to comply *762 with Penal Code section…

I dissent. While I share my colleagues’ concern with the analysis in In re Eric J. (1979) 25 Cal.3d 522 [ 159 Cal.Rptr. 317 , 601 P.2d 549 ], I do not share their willingness to extend it. No legal authority requires a lower court to accept as binding comments made by a higher court that are beyond the factual controversy presented to it. Simply put, Eric J. decided a case involving a felony and a misdemeanor, not a succession of misdemeanors. Justice Clark’s opinion does not reach the question presented to us.

Whatever is accomplished by the incorporation of the Penal Code adult felony sentencing scheme into the juvenile area through Welfare and Institutions Code section 726, I cannot see how that incorporation prohibits consecutive full misdemeanor terms. As the majority points out, the sen *766 tence was permissible had Claude J. been an adult. There is no legal or logical reason for the rule to change when it is applied to a juvenile. Eric J. does not mandate a reduction in term because Claude J. is a juvenile. There is no valid reason for this court to draw a distinction that the Legislature did not make and the Supreme Court did not find.

I would reverse the order granting…

BARRY-DEAL, Acting P.J.

(1) In this appeal we consider whether the limitation on consecutive sentences set out in Penal Code section 1170.1, subdivision (a), is applicable to juvenile proceedings in which the minor is found to have committed multiple misdemeanor offenses. Although we think that Penal Code section 1170.1 is inapplicable to this case, we are bound by previous decisions of our Supreme Court, and therefore affirm the trial court's order reducing appellant's sentence.

Because the only issue on appeal is a question of law, we do not recite the facts in detail. In 1988, the minor, Claude J., was found to have committed five misdemeanor offenses. The trial court committed him to the custody of the California Youth Authority (CYA) for a period of thirty months, representing five consecutive six-month periods, which corresponded to the five misdemeanor offenses. The minor appealed ( In re Claude J., No. A043156) and filed a petition for writ of habeas corpus ( In re Claude J., No. A044646), which this court denied. In those proceedings, the minor argued that the maximum term of confinement should be recalculated to comply with Penal Code section 1170.1, which…