In re Carlos G. CA4/1

STATEMENT OF FACTS

Since the Minor does not challenge the factual basis for his admission, we will

only summarize the facts of the offense in order to provide context for the discussion

which follows.

On August 24, 2012, the Minor attempted to enter the United States from Mexico.

He was contacted by U.S. agents who discovered the Minor had 3.2 pounds of

methamphetamine in various packages taped to his legs.

The Minor waived his Miranda2 rights and admitted he was intentionally bringing

an illegal substance into the country. He said he was going to be paid $700 for his work.

DISCUSSION

I

CUSTODY CREDITS

At the disposition hearing the juvenile court did not calculate the time the Minor

spent in custody prior to that hearing. The parties agree that the Minor spent 32 days in

custody prior to the disposition hearing.

The Minor contends he is entitled to have 32 days calculated as a credit against his

maximum term of confinement. (In re Emilio C. (2004) 116 Cal.App.4th 1058, 1067; In

re Lorenzo L. (2008) 163 Cal.App.4th 1076, 1079.)

In the respondent's brief, the People first contend the Minor is not entitled to a

credit calculation because he was not ordered to…