In Re Bryant R.

People v. Bryant R.

Good Law
112 Cal. App. 4th 1230·2003 Cal. App. LEXIS 1602·2003 Daily Journal DAR 11801·5 Cal. Rptr. 3d 734·2003 Cal. Daily Op. Serv. 9389
Court of Appeal of CaliforniaOctober 27, 2003F041423California3,275 words

Opinion

Opinion

Ardaiz, J.

Welfare and Institutions Code section 726 states in part that “[i]n any case in which the minor is removed from the physical custody of his or her parent or guardian as a result of an order of wardship made pursuant to Section 602, the order shall specify that the minor may not be held in physical confinement for a period in excess of the maximum term of imprisonment which could be imposed upon an adult convicted of the offense or offenses which brought or continued the minor under the jurisdiction of the juvenile court.” The statute then goes on to define “maximum term of imprisonment.” Pertinent to this case is the sentence of section 726 which reads: “If the court elects to aggregate the period of confinement on multiple counts, or multiple petitions, including previously sustained petitions adjudging the minor a ward within Section 602, the ‘maximum period of imprisonment’ shall be the aggregate term of imprisonment specified in subdivision (a) of Section 1170.1 of the Penal Code . . . .” (§ 726.) The issue presented to us in this case is: when the court “elects to aggregate the period of physical confinement on . . . multiple petitions, including previously sustained…

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