Max. Term of Confinement

Name: People v. Dokins
Case #: B250572
Opinion Date: 10/30/2015
  • Categories: Cruel and Unusual Punishment, Custody, CYA Commitment, Delinquency (602), DJF Commitment (Dept. of Juv. Facilities), Max. Term of Confinement, Sentencing

Summary

Trial court's failure to consider the factors discussed in Miller v. Alabama (2012) 132 S.Ct. 2455, before sentencing a juvenile defendant who committed homicide to de facto LWOP mandates reversal and remand for resentencing. Dokins was 15 years old when…

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Name: Alejandro N. v. Superior Court
Case #: D067445
Opinion Date: 07/23/2015
  • Categories: Delinquency (602), Max. Term of Confinement, Prop 47, Sentencing

Summary

Minor was entitled to have his juvenile adjudication redesignated as a misdemeanor, in addition to having his maximum term of confinement reduced. Alejandro admitted committing felony commercial burglary. The juvenile court adjudged him a ward and ordered him confined for…

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Name: People v. Scott
Case #: E060028
Opinion Date: 03/20/2015
  • Categories: Cruel and Unusual Punishment, Delinquency (602), Max. Term of Confinement, Sentencing

Summary

Enactment of Penal Code section 3051 renders juvenile offender's 120-years-to-life sentence for nonhomicide offense constitutional because it provides a meaningful opportunity for release. Scott was convicted of three counts of attempted murder and other offenses with firearm and gang enhancements…

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Name: In re A.C.
Case #: C073242
Opinion Date: 03/10/2014
  • Categories: Appeals, Delinquency (602), Disposition Placement (other than DJF), Max. Term of Confinement, Review Principles

Summary

Where a juvenile court's order includes a maximum confinement term for a minor who is not removed from parental custody, the remedy is to strike the term. The juvenile court sustained a Welfare and Institutions Code section 602 petition alleging…

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Name: People v. Superior Court (Flores)
Case #: D064350
Opinion Date: 02/21/2014
  • Categories: Areas Constitutional Law, Delinquency (602), Equal Protection, Max. Term of Confinement, Post Disposition

Summary

Penal Code section 1170, subdivision (d)(2), regarding a juvenile offender's ability to petition for recall of his sentence, does not apply to a juvenile offender serving a long sentence which is not technically LWOP. Flores was 17 years old when…

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Name: In re P.A.
Case #: E053608
Opinion Date: 11/15/2012
  • Categories: Delinquency (602), Disposition Phase, Jurisdictional Hearing, Max. Term of Confinement, Probation Conditions

Summary

The juvenile court correctly declined to make any statement regarding the minor's maximum term of confinement when it continued the minor in his parents' custody at the disposition hearing; the court's statements at the jurisdiction hearing regarding the maximum term…

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Name: Jackson v. Hobbs
Case #: Oct-47
Opinion Date: 06/25/2012
  • Categories: Areas Constitutional Law, Delinquency (602), Max. Term of Confinement, Other

Summary

The Eighth Amendment prohibits a mandatory life without parole sentencing scheme for juvenile homicide offenders. In both Jackson v. Hobbs (10-9647) and Miller v. Alabama (10-9646), the 14-year-old juveniles were tried as adults, convicted of murder and, under mandatory sentencing…

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Name: In re J.L.
Case #: B231854
Opinion Date: 06/12/2012
  • Categories: Confessions, Crimes, Delinquency (602), Elements of Crimes, Evidence, Insufficiency/Sufficiency of, Interrogations & Confessions, Max. Term of Confinement, Miranda v. Arizona

Summary

There was sufficient evidence that appellant used a sidewalk as a deadly weapon in violation of Penal Code section 245, assault with a deadly weapon. Appellant punched the victim in the eye, who fell to the sidewalk. While the victim…

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