In re N.T. CA1/4

Filed 1/22/25 In re N.T. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re N.T., a Person Coming Under the Juvenile Court Law.

PEOPLE OF THE STATE OF CALIFORNIA, A169611 Plaintiff and Respondent, (Alameda County v. Super. Ct. No. JV03037413) N.T., Defendant and Appellant.

N.T. appeals from that part of a January 2024 disposition order awarding him eight days of actual custody credits, contending the court erred as matter of law in its calculation and that he is entitled to more credit. The People agree. The parties are correct. We therefore vacate that part of the court’s disposition order awarding those eight days of credit and remand for the juvenile court to properly calculate and award the credits to which N.T. is entitled. I. BACKGROUND In January 2022, the San Francisco District Attorney’s office filed a second amended juvenile wardship petition regarding N.T. The San

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Francisco County juvenile court, upon N.T. pleading to the truth of the charges, found he had committed felony conspiracy (Pen. Code, § 182, subd. (a)(1)) and assault upon the person of another by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). In February 2022, the court ordered him placed in Alameda County’s “Custody Rehabilitation Program, Secure Track,” and his case was apparently transferred to Alameda County juvenile court. In June 2023, the court placed N.T. on probation. In November 2023, the Alameda County probation department filed a supplemental petition under Welfare and Institutions Code section 777 alleging that N.T. had violated probation by being absent from a scheduled home visit earlier that month and had not reported as requested by letter. The court issued a warrant for N.T.’s arrest. According to a later Alameda County probation department report, on December 18, 2023, N.T. was arrested in San Francisco and booked into county jail on several felonies, including second-degree robbery (Pen. Code, § 211) and assault with a semi-automatic firearm (Pen. Code, § 245, subd. (b)). He was transferred to Alameda County juvenile court on December 22, 2023, based on the warrant issued by that court. On December 26, 2023, N.T. waived his rights and admitted to violating probation. The juvenile court sustained the supplemental petition, recalled the arrest warrant, ordered N.T. detained at the Juvenile Justice Center, and scheduled a disposition hearing in January 2024. The probation department recommended a six-month Secure Track commitment. The court agreed with this recommendation. At the dispositional hearing on January 16, 2024, it ordered N.T. placed in the