In re Tatyana S. CA4/1

BACKGROUND

In December 2013, Tatyana was involved in a physical altercation with another

woman.1 The San Diego District Attorney filed a petition pursuant to section 602 of the

Welfare and Institutions Code alleging, inter alia, that Tatyana had committed assault by

means of force likely to produce great bodily injury.

At the conclusion of the adjudication hearing, the court sustained the petition,

finding that Tatyana had indeed violated Penal Code section 245, subdivision (a)(4). The

court advised Tatyana that the maximum sentence for such a violation was four years.

A full recitation of the facts is omitted, as the only issue presented on appeal is the propriety of the court setting a maximum term of confinement. 2 At the disposition hearing a few weeks later, the court set Tatyana's maximum

term of confinement at four years. The court released Tatyana into the custody of her

parents, under the supervision of the probation department, subject to several conditions.

DISCUSSION

Welfare and Institutions Code section 726, subdivision (d) provides: "If the minor

is removed from the physical custody of his or her parent or guardian as the result of an

order…