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In re Jeremy H.
Jeremy H. 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. Minor contends that the juvenile court erroneously determined that his theoretical maximum term of physical confinement was eight years four months.[2] Relying on Cunningham v. California (2007) ___ U.S. ___ [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham), minor 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 failed to exercise its discretion to modify minors commitment order. For the reasons set forth below, Court affirm the judgment.

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