In Re Sean W.

Sean W. (appellant) appeals after the juvenile court sustained two allegations of child sexual abuse in a juvenile wardship petition (Welf. & Inst. Code, § 602) and committed him to the California Youth Authority (CYA). On appeal, he contends the juvenile court (1) abused its discretion when it committed him to CYA for placement in the sexual offender program, and (2) failed to exercise its statutory discretion in setting his maximum term of physical confinement at CYA. Because we conclude the juvenile court failed to exercise its statutory discretion to determine appellant’s maximum term of confinement, pursuant to recently amended section 731, subdivision (b), we shall remand the matter to the juvenile court so that it can exercise that discretion. We shall otherwise affirm the order.

PROCEDURAL BACKGROUND

On June 23, 2004, an amended juvenile wardship petition was filed, pursuant to section 602, alleging that appellant had committed continuous sexual abuse of a minor under the age of 14 (Pen. Code, § 288.5—counts one and three), and had committed a lewd act on a child under the age of 14 (Pen. Code, § 288, subd. (a)—counts two and four).

On July 20, 2004, after the…