In Re Antonio P.

VARTABEDIAN, Acting P.J.

This is an appeal from a judgment committing appellant Antonio P, a minor, to the California Department of Corrections, Juvenile Justice (Juvenile Justice). Appellant contends the court erred in imposing a maximum term of confinement of three years for the felony portion of his adjudication, when the maximum sentence that could be imposed on an adult, after Cunningham v. California (2007) 549 U.S. ___ , 127 S.Ct. 856 , 166 L.Ed.2d 856 ( Cunningham ), was the middle term of two years. Because we determine a three-year sentence could have been imposed on an adult, we will affirm the judgment.

Between March of 2003 and October of 2004, appellant was the subject of an initial and six supplemental juvenile petitions filed under Welfare and Institutions Code section 602. One supplemental petition was filed in October of 2004 and alleged a violation of Penal Code section 487, subdivision (c), theft of property from the person of another, a felony.

Appellant was committed to juvenile hall for short periods and to longer term residential programs on the various petitions; his last confinement before the present confinement was a February 2006 term of 30 days in…