In re T.P. CA1/3

Filed 9/9/20 In re T.P. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

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

THE PEOPLE, Plaintiff and Respondent, A158633 v. (Contra Costa County T.P., Super. Ct. No. J1400871) Defendant and Appellant.

MEMORANDUM OPINION1 T.P. appeals from the juvenile court’s disposition order committing her to juvenile hall for a maximum confinement term of two years and 327 days. T.P. contends, and the People agree, that the juvenile court miscalculated her maximum confinement term and custody credits. We conclude the juvenile court erred and will modify the disposition order.

1 We resolve this case by a memorandum opinion pursuant to California Standards of Judicial Administration, section 8.1. We therefore recite the facts only as necessary to resolve the issues on appeal.

1

FACTUAL AND PROCEDURAL BACKGROUND After T.P.’s arrest in Sacramento County on November 23, 2016, the Sacramento County District Attorney filed a juvenile wardship petition under Welfare and Institutions Code section 602, subdivision (a),2 alleging that T.P. had committed felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count one), three counts of felony vandalism (Pen. Code, § 594, subd. (b)(1); counts two through four), and two counts of misdemeanor battery (Pen. Code, § 242; counts five and six). T.P. admitted counts two and six, and the juvenile court dismissed the remaining counts. The matter was transferred to Contra Costa County, and on September 14, 2017, the Contra Costa juvenile court ordered wardship over T.P. with no termination date and committed her to juvenile hall to participate in the “Girls in Motion” program. In October 2017, the probation department filed a notice of probation violation, and T.P. admitted the violation. In November 2017, the juvenile court ordered T.P. to return to juvenile hall for completion of the Girls in Motion program. In April 2018, following T.P.’s completion of the institutional component of Girls in Motion, the juvenile court set aside its prior commitment order and ordered the probation department to find a placement for T.P. On May 3, 2018, T.P. was released to placement at Children’s Home of Stockton. On July 25, 2018, T.P. was arrested in San Joaquin County, and the San Joaquin County District Attorney filed a juvenile wardship petition alleging that T.P. had committed one count of misdemeanor vandalism (Pen. Code, § 594, subd. (b)(2)(A); count one) and two counts of misdemeanor