In Re David H.
People v. David H.
Opinion
Opinion
Boland, J.
Summary
Appellant David H. appeals from the juvenile court’s order sustaining a petition under Welfare and Institutions Code section 602. He contends the court erred in calculating the maximum confinement time by including time for stayed counts of two previously sustained petitions. We agree.
Factual and Procedural Background
On October 15, 2001, the People filed a Welfare and Institutions Code section 602 petition (current petition) alleging appellant escaped from a juvenile facility in July 2001. The petition notified appellant that the People sought to have him confined on all sustained counts of this petition and previously sustained petitions with detention time remaining. Appellant admitted the allegations of the petition, which the court found to be true.
The juvenile court maintained appellant’s status as a ward of the court and committed him to the California Youth Authority. The court declared his maximum confinement term to be six years two months based upon an aggregation of terms for each count of four previously sustained petitions and a four-month term for the current petition.