People v. J.M.

[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†

L, II.†

IH. 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.

J.M. contends the court erred in not awarding him 13 days of custody credits for the period between January 9, 2008 (the date of the preparation of the probation report), and January 22, 2008 (the date of the disposition hearing), when he was confined in juvenile hall. The People concede this was error and that J.M. is entitled to an additional 13 days of custody credits.

[1256]In addition, J.M. contends he is entitled to an additional 16 days of credit for the time he spent in juvenile hall from January 22, 2008, prior to his commitment and transportation to the group home on February 7, 2008. The People dispute this contention, arguing simply that J.M. is not entitled to any additional credit for time spent in juvenile hall following the disposition hearing but prior to his placement in the group home.