In re Adrian C
Filed 3/21/06 In re Adrian C. CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re ADRIAN C., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. ADRIAN C., Defendant and Appellant. |
F048083
(Super. Ct. No. 04CEJ601800)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Dale Ikeda, Judge.
John Hargreaves, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stephen G. Herndon and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Following a jurisdiction hearing, the juvenile court found true an allegation that appellant Adrian C., a minor, committed misdemeanor battery (Pen. Code, § 242). Following the subsequent disposition hearing, the court placed appellant under the care, custody, control and supervision of the probation officer; furloughed appellant to the home of appellant's mother on pre-placement status; and declared appellant's maximum period of physical confinement (MPPC) to be eight months, consisting of two months for the instant offense and six months for an offense of which appellant was adjudicated in a previous wardship proceeding.
On appeal, appellant contends the court erred in declaring an MPPC. Alternatively, he contends the court erroneously failed to exercise its discretion in setting the MPPC. We will affirm.
DISCUSSION[1]
Declaration of MPPC
Welfare and Institutions Code section 726, subdivision (c)[2] provides, in relevant part, that â€