People v. John H.

Opinion

SIMS, J.

The juvenile court found John, a minor, had committed robbery (Pen. Code,

§211)

and had conspired to commit robbery (Pen. Code, §§ 182,

[1111]

211) and sustained the allegations of a wardship petition. (Welf. & Inst. Code, § 602.)

1

The court committed John to the California Youth Authority (CYA), credited him with 40 days of predisposition custody and imposed a restitution fine of $100 and restitution to John’s victim of $17.83.

John contends the court either failed to calculate or incorrectly calculated the number of days he was in custody prior to the disposition hearing and that the court should have subtracted the amount of the restitution owed the victim from the other restitution fine. We agree with the first contention but not the second. The facts of the crimes are irrelevant to the issues on appeal and therefore will not be described here.

I.

Custody credits

A minor is entitled to credit against his or her maximum term of CYA confinement for time spent in custody prior to the disposition hearing. (Pen. Code, § 2900.5, subd. (a);

In re Eric J.

(1979) 25 Cal.3d 522, 533-536 [159 Cal.Rptr. 317, 601 P.2d 549];

In re Gustavo M.

(1989) 214 Cal.App.3d 1485, 1500 [263 Cal.Rptr. 328].) It is the court’s duty to calculate the number of days earned and the court may not delegate that duty. (Pen. Code, § 2900.5, subd. (d);

People

v.

Vargas

(1988) 204 Cal.App.3d 1455, 1469, fn. 9 [251 Cal.Rptr. 904];