R.O.

This case raises the question whether the juvenile court has discretion to set a lesser term of confinement than the indeterminate sentence applicable to an adult convicted of the same offense as the juvenile. We conclude that the juvenile court has discretion to set a lesser maximum term of confinement “based upon the facts and circumstances of the matter.” Therefore, we will remand the case to the court to exercise that discretion. In all other respects, the court’s orders are affirmed.

FACTS AND PROCEEDINGS BELOW

The Compton Varios 70s (CV70’s) and the Compton Varios Segundos (CVS) are rival gangs. The boundary between their territories is Compton Boulevard. On an evening in October 2007 Danny Rodriguez, a member of the CV70’s, was shot and killed near the intersection of Compton Boulevard and Williams Avenue. The sheriff’s deputies who arrived at the scene a few minutes after the shooting interviewed several bystanders. One witness stated that the shooter ran south on Williams immediately after the shooting, but none of the people interviewed identified the shooter.

Nestor Morales, who was among the persons interviewed at the crime scene, told the interviewing…