In re Julian R. 11/16/07 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H031292

Case Date: 02/27/2008

Preview:Filed 11/16/07

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

IN RE JULIAN R., a Person Coming Under the Juvenile Court Law.

H031292 (Monterey County Super. Ct. No. J38483)

THE PEOPLE, Plaintiff and Respondent, v. JULIAN R., Defendant and Appellant.

Julian R. appeals from the order committing him to the Division of Juvenile Justice (DJJ) after he admitted the allegations of probation violation specified in a notice pursuant to Welfare and Institutions Code section 777.1 "Section 777, subdivision (a)(2) . . . establishes the juvenile court procedure for finding probation violations and modifying prior dispositions when new misconduct is committed by those on probation for crimes previously adjudicated under section 602." (John L. v. Superior Court (2004) 33 Cal.4th 158, 165.) Minor now claims that the juvenile court erred by failing to orally pronounce the maximum period of confinement. He also asserts that the juvenile court erred by failing to exercise its discretion to set the maximum period of confinement based

All further statutory references are to the Welfare and Institutions Code unless otherwise provided.

1

upon the facts and circumstances of the case for a period less than the adult maximum term of imprisonment. A. Procedural History On June 13, 2006, a section 602 petition was filed against minor. At a hearing on July 20, 2006, minor admitted committing two violations of Penal Code section 245, subdivision (a)(1), assault by means of force likely to produce great bodily injury against separate victims, and two gang enhancements under Penal Code section 186.22, subdivision (b)(1), on June 11, 2006. The juvenile court stated that the maximum confinement time for those offenses was nine years after being so informed by the deputy district attorney. Minor made the admissions with the court's guarantee that he would be allowed to withdraw them if the court determined that he should be sent to the California Youth Authority. Allegations of carjacking (Pen. Code,

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