In Re JM

California Court of Appeal Jan 21, 2009 No. F054783Published

AI Brief

AI-generated · verify before citing

Holding. The court held that a minor is entitled to precommitment custody credit for time spent in a secure facility, such as juvenile hall, between the disposition hearing and the actual placement in a group home.

Issues

Whether the juvenile court erred in failing to award custody credits for the period between the probation report and the disposition hearing.
Whether the juvenile court erred in failing to award custody credits for the period between the disposition hearing and the minor's placement in a group home.

Disposition. Affirmed with modifications

Quotations verified verbatim against the opinion

“J.M. is entitled to additional confinement credits of 29 days.”

“Thus he was entitled to credit for time served in a secure facility prior to his commitment to the group home. To hold otherwise would deprive him of receiving any credit for this interim time that he spent in physical confinement.”

170 Cal.App.4th 1253 (2009) In re J.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent,

J.M., Defendant and Appellant.

No. F054783. Court of Appeals of California, Fifth District.

January 21, 2009. CERTIFIED FOR PARTIAL PUBLICATION[*] [1254] Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent.

[1255] OPINION

THE COURT.[*]

The juvenile court rejected 14-year-old J.M.'s claim that he was acting in self-defense when he plunged a sharpened screwdriver into the back of Jorge Flores Rajillo and thus the court found true the allegation that J.M. committed an assault with a deadly weapon. J.M. was sent to a group home. He appeals, claiming the evidence does not support the court's findings, the court failed to determine if the assault was a misdemeanor or a felony, and his conduct credits were improperly calculated.

Background[]

I., II.[]

III. Custody Credits

The probation officer's report calculated that as of January 9, 2008, J.M. was entitled to 177 days of custody credits. J.M.'s disposition hearing did not take place until January 22, 2008, yet the court awarded only 177 days of credit. At the hearing on January 22, 2008, the court removed J.M. from his parents' custody and placed him in the custody of the probation department with the intent that he be placed in a foster or group home. The court then set a date for a "two week placement review." J.M. was detained in juvenile hall during the interim period. On February 6, 2008, at the "review hearing," it was reported that J.M. would be transported on February 7, 2008, to a group home. No additional credits were awarded at this time.

In Re JM

AI Brief

III. Custody Credits

More from California Court of Appeal

Related research

NOTES

AI Brief