People v. Scott S.

Opinion

HASTINGS, J.

Appellant Scott S. appeals from orders declaring him a ward of the court and placing him in the camp community placement program after the juvenile court sustained a petition which alleged that he used and was under the influence of methamphetamine on March 3, 1997. The sole error raised on appeal is imposition and staying of 90 days’

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[1530]

M.

time.

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We conclude the court exceeded its jurisdiction, and we remand for a new disposition hearing.

Factual and Procedural Summary

The evidence established that on March 3, 1997, appellant was under the influence of methamphetamine. Appellant told the arresting officer that he had been using methamphetamine approximately two times per week since 1991.

At the disposition hearing, the court stated: “I’m going to give you 90 days in jail. When you get out of camp, should you violate any of my probation—in other words, if you get out, say you decide to go use, I swear to God I’ll give you 90 days.” The minute order states: “Minor is ordered to spend not less than 0 days nor more than 90 days in Juvenile Hall pursuant to

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The court finds said detention is a reasonable, fitting, and proper condition of probation necessary for the reformation and rehabilitation of minor. [¶] Said time is ordered stayed pursuant to Section 777(e) W.I.C.”

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Discussion

Appellant contends the order purporting to impose and stay not more than 90 days in juvenile hall violates Welfare and Institutions Code section 777, and for this reason was in excess of the court’s jurisdiction. We disagree that such a sentence, by itself, exceeds the court’s jurisdiction.

Appellant’s basic premise is that a juvenile court cannot impose more than 30 days’