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Name: In re Ali A.
Case #: C049808
Opinion Date: 05/16/2006
Citation: 139 Cal.App.4th 569

The minor was convicted of attempted robbery, and was declared a ward of the court. The juvenile court committed him to the custody of his parents under probation supervision. On appeal, the minor contended that the juvenile court failed to exercise its discretion when it set the maximum term of physical confinement at three years. The appellate court rejected his argument because Welfare and Institutions Code section 731(b) does not apply where the minor is allowed to remain in his parents’ custody. The maximum term of confinement included in the dispositional order here is of no effect. Since the minor is not prejudiced by the presence of this term, there is no basis for reversal or remand.