In re Brian K.
Brian K. appeals from a judgment declaring him a ward of the juvenile court and committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), formerly known as the California Youth Authority (CYA).
Defendant contends that the juvenile court erroneously determined that his theoretical maximum term of physical confinement was 10 years 10 months.[2] Relying on Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856, 166 L.Ed.2d 856] (hereafter Cunningham), defendant contends that the juvenile court erroneously computed the theoretical maximum term by using the upper term of six years for the base term. He also contends the juvenile court did not expressly exercise its discretion under section 731, subdivision (b), by imposing the upper term. Accordingly, the trial court did not err in determining appellants theoretical maximum term of physical confinement to be 10 years 10 months. Court affirm the judgment.
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