Error and/or relief
The matter is remanded for the juvenile court to correctly determine the maximum period of confinement the minor may be subjected to under the commitment order. The correct term appears to be five years, less than the term announced by the juvenile court.
Holding:
When a minor is named a ward of the court and removed from the custody of his parent, the juvenile court must set a maximum term of confinement that does not exceed the middle term of imprisonment that could be imposed on an adult convicted of the same offense. A court is prohibited from committing a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense. The court may aggregate terms for multiple counts or previously sustained petitions in the manner set out in Penal Code section 1170.1 for adults, requiring subordinate felony terms be imposed at one-third the middle term. The same rule applies to misdemeanors.
Authority:
WIC 726
In re David H. (2003) 106 Cal.App.4th 1131