In Re Stephon L.

People v. Stephon L.

Good Law
104 Cal. Rptr. 3d 907·181 Cal. App. 4th 1227
Court of Appeal of CaliforniaFebruary 8, 2010B215402California1,871 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Minor and appellant Stephon L. (minor) appeals from a juvenile court order finding him in violation of probation in connection with a sustained petition under Welfare and Institutions Code section 602 (section 602). Minor is the subject of two sustained section 602 petitions. Minor contends that the juvenile court erred in failing to award him predisposition credit. We conclude that the appeal is not moot regardless of the expiration of the minor’s camp commitment because his maximum period of physical confinement has not expired. Because minor’s maximum period of physical confinement for the two section 602 petitions was aggregated, we hold that minor is entitled to credit for all actual time spent in custody in connection with either petition.

BACKGROUND

Minor was arrested on November 4, 2006. On November 7, 2006, the district attorney’s office filed a section 602 petition alleging that minor committed second degree robbery (Pen. Code, § 211) and personally used a firearm (Pen. Code, § 12022.53, subd. (b)). On June 6, 2007, the petition was amended to add a count of being a minor in possession of a pistol, revolver, or other firearm capable of being…

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