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Name: In re Jacob J.
Case #: C046367
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/17/2005

Under recent amendments to Welfare and Institutions Code section 731, a juvenile court must use its discretion to set a maximum term of physical confinement based on the facts and circumstances of the case. The appellate court refused to presume from a silent record that the court had exercised its discretion, holding that the record must affirmatively disclose that the court has considered the facts and circumstances in choosing the term of confinement.