In re Gage J. CA4/1

BACKGROUND

A petition filed with the juvenile court alleged Gage possessed a knife on school

grounds (count 1) and violated curfew (count 2). (Pen. Code, § 626.10, subd. (a)(1); San

Diego Mun. Code, § 58.0102, subd. (a).) The court initially placed Gage on informal

supervision, but reinstated the petition a few months later because Gage was expelled

from school and continued to demonstrate behavioral problems at home.

Immediately after the court reinstated the petition, counsel explained Gage was

willing to admit count 1 in exchange for the People's dismissal of count 2. Gage was

advised of and waived his constitutional rights, then admitted the knife allegation.

Before Gage entered his admission, however, the court did not orally advise him of the

maximum term of confinement, which was one year. Although the court did not orally

advise Gage of the potential term of confinement, both Gage and the court signed the

minute order the same day, which stated: "The minor is advised the maximum term for

2 Count 1 is 1 year," and "[t]he minor is advised the overall maximum term of confinement

is 1 year."

At the next hearing Gage moved to withdraw his admission,…