Error and/or relief
The court erred in setting a maximum confinement time when he was released home on probation. We will strike the maximum confinement term and affirm the judgment as modified.
First Holding:
It is abuse of discretion for a juvenile court to set a maximum confinement term for a minor who is not removed from his parents’ custody
Authority:
In re A.C. (2014) 224 Cal.App.4th 590, 591-592 [where a juvenile court’s order includes a maximum confinement term for a minor who is not removed from parental custody, the remedy is to strike the term]
Second Holding:
[GARY NOTE, for context, Welfare and Institutions Code section 726 states, in pertinent part, that IF a minor is removed from the custody of the parents, the court must state the maximum term, which the section also defines.]Authority:
WIC 726