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Name: In re Eddie L.
Case #: C059237
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/02/2009
Summary

Welfare and Institutions Code, section 726, subdivision (c) does not require juvenile court to make a discretionary determination regarding a minor’s maximum confinement period when a minor is not committed to DJF. The juvenile court sustained an armed robbery charge against the minor, continued him as a ward of the court, and committed him to the Boys Ranch. On appeal, he contended that remand was required for the juvenile court to make a discretionary determination of his maximum period of confinement as provided in Welfare and Institutions Code section 726, subdivision (c). The appellate court rejected the argument. The plain meaning of section 726, subdivision (c) requires the juvenile court to set the maximum term for a minor not committed to DJF by taking the upper term for the offense and adding a term for any enhancements, as the juvenile court did here. Because section 731, which deals with minors committed to DJF, has been amended to confer discretion on juvenile courts to impose a maximum confinement period, and section 726, subdivision (c) was not similarly amended, it can be inferred that the Legislature did not intend to change the way a maximum period of confinement is set in the latter class of cases.