Filed 5/19/17 In re A.A. CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA



In re A.A., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

A.A.,

Defendant and Appellant.
D070998


(Super. Ct. No. J233505)

APPEAL from an order of the Superior Court of San Diego County, Robert J. Trentacosta, Judge. Affirmed.

Lindsey M. Ball, under appointment by the Court of Appeal, for Defendant and Appellant.
Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Adrian R. Contreras, Deputy Attorneys General, for Plaintiff and Respondent.
I
INTRODUCTION
Minor appeals from a juvenile court order committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, for up to seven years. He contends we must reverse the order because the court failed to consider the particularized facts and circumstances of his crimes in setting his maximum period of confinement. (See Welf. & Inst. Code, § 731, subd. (c).) As the record belies this contention, we affirm the order.
II
BACKGROUND
Minor admitted committing assault with a deadly weapon and personally using a deadly weapon during the commission of the offense. (Pen. Code, §§ 245, subd. (a)(1), 1192.7, subd. (c)(23).) Following a contested dispositional hearing, the court ordered minor committed to the Division of Juvenile Justice. In setting minor's maximum period of confinement, the probation officer's social study recommended the court exercise its discretion under section 726 to aggregate all of minor's prior true findings. (§ 726, subd. (d).) The court adopted this recommendation and set the maximum period of confinement at seven years.
III
DISCUSSION
"When a minor within the jurisdiction of the juvenile court is committed to California's Department of Corrections and Rehabilitation, Division of Juvenile Justice, the juvenile court is required to indicate the maximum period of physical confinement. [Citation.] In setting that confinement period, which may be less than, but not more than, the prison sentence that could be imposed on an adult convicted of the same crime, the court must consider the 'facts and circumstances' of the crime." (In re Julian R. (2009) 47 Cal.4th 487, 491-492 (Julian R.), fn. omitted; §§ 726, subd. (d), 731, subd. (c).)
Here, the juvenile court did not state on the record it had considered the facts and circumstances of minor's crimes in setting his maximum period of confinement. Nonetheless, the court's minute order for the dispositional hearing states: "The Court understands its discretion to set the maximum term of confinement under subdivision (b) of the Welfare and Institutions Code Section 731. The Court is exercising that discretion to set the maximum term of confinement at 7 YEARS. In reaching this decision, the Court has considered all of the facts and circumstances of this case, including THE ENTIRE COURT FILE."
In addition, the court's order committing minor to the Division of Juvenile Justice was made by completing a Judicial Council form created for that purpose. (See Julian R., supra, 47 Cal.4th at p. 498.) Paragraph No. 8 of the order states: "The maximum period of confinement is … 7 YEARS." Paragraph No. 8 also states: "The court has considered the individual facts and circumstances of the case in determining the maximum period of confinement." We may presume from the court's completion of the appropriate Judicial Council commitment form "(1) the court exercised its discretion in setting a maximum period of physical confinement that was measured against both the ceiling set by the maximum adult prison term and a possibly lower ceiling set by the relevant 'facts and circumstances' (§ 731, subd. (c)), and (2) the court determined that [minor's] appropriate confinement period was a period equal to the maximum adult term." (Id. at p. 499, fn. omitted.) Indeed, the court's completion of the form makes its exercise of discretion evident. (Id. at p. 499, fn. 4.)
IV
DISPOSITION
The order is affirmed.


McCONNELL, P. J.

WE CONCUR:




HALLER, J.




DATO, J.