In Re Christian G.

Christian G. appeals from a judgment declaring him a ward of the juvenile court and committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, formerly known as the California Youth Authority (CYA). Appellant contends that the juvenile court erroneously determined that his theoretical maximum term of physical confinement was 23 years eight months. Relying on Cunningham v. California (2007) 549 U.S. 270 [ 166 L.Ed.2d 856 , 127 S.Ct. 856 ] (hereafter Cunningham), appellant contends that the juvenile court erroneously computed the theoretical maximum term by utilizing the upper terms for both the felony offense and an enhancement. Following this rather imaginative Cunningham theory, he claims entitlement to middle terms which would compute to a 16-year eight-month theoretical term of physical confinement. As we shall explain, the theory must be rejected.

Factual and Procedural Background

Appellant admitted a charge of attempted second degree robbery (Pen. Code, §§ 664, 211) as alleged in a petition filed pursuant to section 602 of the Welfare and Institutions Code. Appellant also admitted that he had personally used a firearm (Pen.…