In Re Alex N.

Appellant Alex N. was found to have committed first degree burglary (Pen. Code, §§ 459, 460) and was committed to the California Youth Authority (CYA). The juvenile court aggregated his previously sustained petitions and identified his maximum time of confinement as 13 years 10 months. On appeal, Alex contends that the juvenile court failed to exercise its discretion with respect to the aggregation of his previously sustained petitions and the setting of his maximum term of physical confinement. We agree and remand the matter for the court to exercise its discretion.

I. Background

Alex, who is now 18 years old, has been a ward of the juvenile court since March 2001. His wardship was initially based on his admissions that, at the age of 13, he committed second degree burglary (Pen. Code, §§ 459, 460), first degree burglary (Pen. Code, §§ 459, 460), lewd conduct with a minor (Pen. Code, § 288, subd. (a)) and oral copulation with a minor (Pen. Code, § 288a, subd. (b)(1)). He also admitted giving away Dexedrine (Health & Saf. Code, § 11352, subd. (a)). In 2001, he was committed to the James Boys Ranch, but he escaped from the ranch and later refused to return to the ranch.…