In re Kevin G. CA2/4

BACKGROUND

On March 7, 2012, a petition was filed under Welfare and Institutions Code section 602, alleging that appellant, who was 15 years old at the time, committed the crime of failure to disclose the origin of a recording or audiovisual work, a felony, in violation of Penal Code section 653w, subdivision (a).1 The juvenile court held an adjudication hearing and found the allegations of the petition to be true. The juvenile court sustained the petition, granted appellant’s motion to reduce the offense to a misdemeanor (Pen. Code, § 17, subd. (b)), and declared appellant a ward of the court. The court placed appellant home on probation, imposed various conditions of probation, and determined the maximum term of confinement to be one year. Appellant filed a timely notice of appeal.

1 The underlying facts are not pertinent to this appeal and therefore are not set forth in this opinion.

DISCUSSION

Appellant’s sole contention on appeal is that the juvenile court erred in setting a maximum term of confinement because he was committed to the custody of his mother. We agree. Welfare and Institutions Code section 726, subdivision (d) provides that “[i]f the minor is removed from…