In re Dave R.
In August 2006, appellant Dave R., a minor, admitted allegations that he committed two misdemeanors: battery (Pen. Code, 242) and escape from a juvenile facility (Welf. & Inst. Code, 871, subd. (a)). Following the disposition hearing, the court ordered appellant committed to the Department of Corrections and Rehabilitation, Juvenile Justice (DCRJJ). The court declared appellants maximum term of physical confinement (MTPC) (Welf. & Inst. Code, 731, subd. (b)) to be five years five months, by aggregating the terms for the instant offenses and offenses adjudicated in prior wardship proceedings, and awarded appellant 608 days of predisposition credit.
On appeal, appellant contends the court (1) incorrectly calculated the MTPC; (2) erroneously failed to exercise its statutory discretion in setting the MTPC; and (3) erroneously failed to declare whether an offense of which appellant was adjudicated in a 2003 proceeding was a felony or misdemeanor. Court find merit in the first of these arguments, decline to reach the second, reject the third and remand for further proceedings.
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