In re E.A. CA4/2

INTRODUCTION

A juvenile wardship petition was filed alleging that defendant and appellant E.A.

(minor) committed assault with a firearm (Pen. Code,1 § 245, subd. (a)(2); count 1);

receiving stolen property with a value exceeding $950 (§ 496, subd. (a); count 2);

possession of ammunition by a minor (§ 29650; count 3); and possession of a firearm by

a minor (§ 29610; count 4). On April 19, 2022, the juvenile court made a true finding on

counts 1, 3, and 4. The court reduced count 1 to a misdemeanor pursuant to section 17,

subdivision (b), but declined to reduce count 4 to a misdemeanor. On May 3, 2022, the

court declared minor a ward of the court and placed him in the custody of his mother, to

be maintained in her home on terms of probation. Over the objection of minor’s counsel,

the court found the maximum period for physical confinement to be two years six

months.

On appeal, minor contends the court erred in setting the maximum term of

confinement since he was not removed from parental custody. The People concede, and

we agree, that the maximum term of confinement should be stricken.

FACTUAL BACKGROUND

On the afternoon of December 24, 2021, two young women got into…