In re A.H. CA3

I. BACKGROUND

Following a contested jurisdiction hearing, the juvenile court found true, beyond a reasonable doubt, that the minor committed first degree murder, unlawfully took a vehicle, bought or received stolen property, and resisted arrest. The court also found true a firearm enhancement allegation. It committed the minor to DJJ for “52 years to life with confinement until he reaches the age of 25,” subject to the statutory limitation, and awarded him 766 days of custody credit for time served at a local holding facility. But the award does not include the days the minor spent on electronic monitoring in prior petitions. The minor timely appealed.

II. DISCUSSION

On appeal, the minor contends he should be awarded precommitment custody credits for the days he spent on electronic monitoring in prior petitions. We disagree and affirm the order. A minor is entitled to custody credits attributable to prior petitions when the minor’s term of physical confinement is aggregated due to those petitions. (In re A.M. (2014) 225 Cal.App.4th 1075, 1085-1086.) Welfare and Institutions Code section 726, subdivision (d)(1) does not expressly provide for precommitment credits. 1 The version…