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Name: In re Christian G.
Case #: B193666
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/24/2007

Cunningham v. California is inapplicable to juvenile cases.

The minor appealed from a judgment declaring him a ward of the court and sentencing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ formerly known as CYA) for the maximum term of 23 years and 8 months. The minor contended on appeal that the juvenile court erroneously determined that his theoretical maximum term by utilizing the upper terms for both the felony offense and an enhancement based on facts neither admitted by him nor found true by a jury. The appellate court rejected the argument and affirmed. In setting the maximum term of confinement in a juvenile case, the court is not compelled to adhere to the Cunningham restrictions applicable to adult felons. A contrary interpretation would ignore the distinction between the determinate sentencing law and the juvenile justice system.