In re W.C. CA2/8

DISCUSSION

It is unclear how the juvenile court arrived at a maximum term of confinement of four years two months when making its February 2021 orders. W.C. asserts the sentence was “presumably” the high term of three years for the current offense, plus some time for aggregated counts from previous petitions, and the People agree it “appears” this is the case. We agree this is the most likely explanation of the declared maximum term of confinement. On September 30, 2020, Senate Bill No. 823 (2019–2020 Reg. Sess.) was signed into law. Effective July 1, 2021, Senate Bill No. 823 added section 730, subdivision (a)(2), which provides, “A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense.” (Stats. 2020, ch. 337, §27.)

3 As of July 1, 2021, W.C.’s judgment was not final. In In re Estrada (1965) 63 Cal.2d 740, 744–746, the California Supreme Court held that, absent evidence to the contrary, the Legislature intended amendments to statutes that reduce punishment for a particular crime to apply to all whose judgments are not yet final on the amendments’…