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Name: In re David H.
Case #: B156841
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/07/2003
Subsequent History: None

The minor was charged with escape from a juvenile facility, and the charging petition under 602 notified him that the prosecutor sought to have him confined on all sustained counts of the current petition as well as previous petitions with detention time remaining. The minor admitted the petition and was sentenced to the California Youth Authority for a maximum confinement time of six years, two months. The term was calculated based on four months for the current offense and an aggregation of terms from previous petitions, including two terms which were stayed pursuant to Penal Code section 654. The appellate court here reduced the maximum confinement time to four years, ten months. While the later court has the power to impose a different disposition and aggregate unserved time from prior sustained petitions, it may not recalculate the maximum confinement time for a previously determined petition.