H.D.
People v. H.D.
Opinion
lead Opinion
McAdams, J.
H.D., a minor, appeals from the dispositional order of the juvenile court committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (now Division of Juvenile Facilities (DJF)), for a maximum term of physical confinement of 12 years eight months, per the court’s written orders. Defendant argues that the court’s written orders do not correctly reflect the maximum term of confinement orally imposed by the court, and requests that this court reduce the maximum term by two years, to 10 years eight months. The Attorney General acknowledges that there is a discrepancy between the court’s oral pronouncement and the written orders, but argues that the resulting ambiguity should be resolved by the trial court on remand. We will reverse the dispositional order and remand to the trial court for further proceedings on disposition.
STATEMENT OF THE CASE
On July 8, 2008, a juvenile delinquency petition (Welf. & Inst. Code, § 602) 1 was filed in Santa Clara County Superior Court alleging that on June *772 11, 2008, the minor committed a robbery (count 1) and an aggravated assault (count 2). (Pen. Code, §§ 211-212.5, subd. (c), 245, subd. (a)(1).)…