In re Edgar F. CA2/7

DISCUSSION

Edgar F. contends, and the Attorney General concedes, the juvenile court erred in calculating his predisposition custody credit as 40 days. We agree. In a juvenile delinquency proceeding, “a minor is entitled to credit against his or her maximum term of confinement for the time spent in custody before the disposition hearing. [Citations.] It is the juvenile court’s duty to calculate the number of days earned, and the court may not delegate that duty. [Citations.]” (In re Emilio C. (2005) 116 Cal.App.4th 1058, 1067.) “[W]hen a juvenile court elects to aggregate a minor’s period of physical confinement on multiple petitions . . ., the court must also aggregate the predisposition custody credits attributable to those multiple petitions.” (Ibid.) “Physical confinement includes placement in juvenile hall.” (In re J. M. (2009) 170 Cal.App.4th 1253, 1256.) Here, in electing to aggregate Edgar’s physical confinement based on his multiple petitions, the juvenile court neglected to also aggregate his predisposition custody credit. With respect to the November 19, 2010 and February 22, 2011 petitions, Edgar was in custody for a total of 43 days prior to the disposition on August…