In re Francisco P. CA4/1

Good Law
Court of Appeal of CaliforniaMay 23, 2013D062272California872 words

Opinion

Opinion

STATEMENT OF FACTS

Since the Minor does not challenge the admissibility or sufficiency of the evidence

to support the true findings, we will only summarize the underlying offenses.

The Minor, who is affiliated with the Varrio Fallbrook Locos Sureno gang,

physically assaulted another boy and took items of property from him. He also

threatened the victim with physical harm if he reported the offenses.

All further statutory references are to the Penal Code unless otherwise specified.

DISCUSSION

I

CUSTODY CREDITS

The Minor contends, and the respondent concedes, he is entitled to additional pre-

disposition custody credits. He contends he is entitled to 57 days of such credit.

Juvenile offenders are entitled to receive credit for all time in physical custody

prior to disposition. (Welf. & Inst. Code, § 726; In re Randy J. (1994) 22 Cal.App.4th

1497, 1504-1505.) An appellate court may correct the amount of custody credits where

the record is clear that the juvenile court erred in its calculation. (In re Antwon R. (2001)

87 Cal.App.4th 348, 350.)

The Minor was arrested and placed in juvenile hall on May 11, 2012 and remained

there until the disposition hearing…

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