In re J.B. CA2/7

DISCUSSION

A. J.B. Is Entitled to Additional Predisposition Custody Credits J.B. contends, the People acknowledge, and we agree the juvenile court erred in calculating his predisposition custody credits as 27 days. In a juvenile delinquency proceeding, “a minor is entitled to credit against his or her maximum term of confinement for the time spent in custody before the disposition hearing. [Citations.] It is the juvenile court’s duty to calculate the number of days earned, and the court may not delegate that duty. [Citations.]” (In re Emilio C. (2004) 116 Cal.App.4th 1058, 1067.) “[W]hen a juvenile court elects to aggregate a minor’s period of physical confinement on multiple petitions . . . , the court must also aggregate the predisposition custody credits attributable to those multiple petitions. [Citation.]”

3 (Ibid.) “Physical confinement includes placement in juvenile hall.” (In re J.M. (2009) 170 Cal.App.4th 1253, 1256.) Here, in setting the maximum term of confinement as four years and two months, it appears the juvenile court elected to aggregate J.B.’s physical confinement based on his multiple petitions: The three-year upper term for possession of a firearm by a minor…