In re Luis Z. CA4/3

California Court of Appeal Apr 30, 2014 No. G048603Unpublished

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Holding. The court held that a juvenile is entitled to have predisposition custody credits aggregated across multiple petitions when the court elects to aggregate the period of physical confinement.

Issues

Whether the juvenile court erred by failing to credit the minor for three days served in custody while awaiting disposition of the first petition.

Disposition. Affirmed as modified.

Quotations verified verbatim against the opinion

“Minor contends, and the Attorney General agrees, that the court erred by failing to give him credit for the three days he served in custody while awaiting the disposition of the first petition against him. They are correct.”

“The judgment is modified to grant defendant a total of 45 days of actual custody credit.”

Filed 4/30/14 In re Luis Z. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re LUIS Z., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G048603 Plaintiff and Respondent, (Super. Ct. No. DL044386) v. OPINION LUIS Z.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregory W. Jones, Judge. Affirmed as modified. Sarah A. Stockwell, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Stacy Tyler, Deputy Attorneys General, for Plaintiff and Respondent.

* * *

On appeal minor Luis Z. asserts the court miscalculated his presentence custody credits. We agree and therefore modify the judgment to reflect the proper number of days of custody credit. In all other respects, we affirm the judgment.

FACTS

Minor admitted the allegations of a juvenile wardship petition (Welf. & 1 Inst. Code, § 602) alleging he committed misdemeanor assault (Pen. Code, § 240) and misdemeanor battery (Pen. Code, § 242). The allegations concerned minor’s pushing his mother and throwing things at her. The court granted him informal probation and released him to his mother. Minor served three days in juvenile hall while awaiting disposition of the matter. Subsequently, a second juvenile wardship petition (§ 602) against minor alleged he committed felony assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)) and felony making criminal threats (Pen. Code, § 422, subd. (a)). The allegations concerned minor’s altercation with an employee at Orangewood Children’s Home. At a pretrial hearing, the court reduced both allegations to misdemeanors and minor admitted them. The court declared minor its ward and

In re Luis Z. CA4/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

FACTS

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DISPOSITION

IKOLA, J.

BEDSWORTH, ACTING P. J.

MOORE, J.

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