In re D.L. CA4/1

DISCUSSION

All further statutory references are to the Penal Code unless otherwise specified. 2 The parties agree the court miscalculated the term for the current offense. Given that count 3 was stayed under section 654, the term should only be 20 months. Further, recent legislation has changed the rules for calculating the maximum aggregate custody term for multiple offenses. Senate Bill No. 92, effective May 14, 2021, amended Welfare and Institutions Code section 726 on the calculation of terms. Among other things, the statute now limits the term for juvenile confinement to not exceed the middle term of imprisonment for the offense. (Welf. & Inst. Code, § 726, subd. (d)(3).) The parties agree that the Minor should have the opportunity to take any of the benefits of the statutory changes. The court can also address the issue of the proper calculation of custody credits at that time. (In re Edward B. (2017) 10 Cal.App.5th 1228, 1238.)

DISPOSITION

The disposition order is reversed to the extent it incorporates the maximum custody terms and custody credits, which were calculated at the adjudication hearing. The case is remanded with directions to recalculate the

3 maximum…