In re A.H. CA3

Filed 7/5/22 In re A.H. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re A.H., a Person Coming Under the Juvenile Court C094360 Law.

THE PEOPLE, (Super. Ct. No. JV139302)

Plaintiff and Respondent,

v.

A.H.,

Defendant and Appellant.

The juvenile court continued minor A.H.’s wardship and committed him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) for 52 years to life until he reaches the age of 25, subject to the statutory limitation. The juvenile court also awarded the minor custody credits for time spent in physical

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confinement. The minor appeals, contending the custody credits should include the days he spent on electronic monitoring. We affirm the commitment order. I. BACKGROUND Following a contested jurisdiction hearing, the juvenile court found true, beyond a reasonable doubt, that the minor committed first degree murder, unlawfully took a vehicle, bought or received stolen property, and resisted arrest. The court also found true a firearm enhancement allegation. It committed the minor to DJJ for “52 years to life with confinement until he reaches the age of 25,” subject to the statutory limitation, and awarded him 766 days of custody credit for time served at a local holding facility. But the award does not include the days the minor spent on electronic monitoring in prior petitions. The minor timely appealed. II. DISCUSSION On appeal, the minor contends he should be awarded precommitment custody credits for the days he spent on electronic monitoring in prior petitions. We disagree and affirm the order. A minor is entitled to custody credits attributable to prior petitions when the minor’s term of physical confinement is aggregated due to those petitions. (In re A.M. (2014) 225 Cal.App.4th 1075, 1085-1086.) Welfare and Institutions Code section 726, subdivision (d)(1) does not expressly provide for precommitment credits. 1 The version of this statute in effect at the time of the jurisdiction hearing stated that if the juvenile court removes a minor from the physical custody of the minor’s parent or guardian, the minor “may not be held in physical confinement for a period in excess of the maximum term of imprisonment which could be imposed upon an adult” convicted of the same offense. (§ 726, former subd. (d)(1).) Our Supreme Court has, however, interpreted