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Name: In re M.B. (2024) 99 Cal.App.5th 435
Case #: A166408
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 01/31/2024

The maximum term of confinement of 22-years-to-life set by the juvenile court was unauthorized. The juvenile court committed the minor to a secured youth treatment facility (SYTF) under Welfare and Institutions Code section 875, after he admitted attempted murder and various enhancement allegations. The court stated a baseline term of confinement of four years, pursuant to section 875(b), and set a maximum term of confinement of 22-years-to-life under subdivision (c) of that section. The court also ordered that the minor’s pre-commitment credits be applied against the maximum term of confinement. The minor appealed, arguing that the juvenile court lacked jurisdiction…

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Name: In re J.P. (2023) 94 Cal.App.5th 74
Case #: E080284
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/03/2023

Welfare and Institutions Code section 782 gives the juvenile court discretion to strike individual counts in a 602 petition to change the “most recent” offense into one that is SYTF eligible. The district attorney filed a 602 petition against J.P. alleging second degree robbery, assault with a firearm, and carrying a loaded firearm not registered to him in a vehicle. At a contested jurisdictional hearing, the court found all three allegations true. At disposition, the district attorney moved to strike the gun possession offense in order to make the counts of second degree robbery and assault with a firearm (both…

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