In re Rafael G.
Defendant admitted that he committed robbery (Pen. Code, S 211) (count 2) and assault by means of force likely to produce great bodily injury (Pen. Code, S 245, subd. (a)(1)) (count 3). The trial court committed Rafael to the Division of Juvenile Justice (DJJ) (formerly known as California Youth Authority (CYA)), and set a maximum time of confinement of six years. The trial court also imposed a restitution fine and designated both offenses as Welfare and Institutions Code section 707, subdivision (b) offenses.
On appeal, defendant claims that the trial court erred in failing to exercise its discretion pursuant to section 731, subdivision (b) to set his maximum term of physical confinement under the facts and circumstances of this case. In addition, defendant contends that the trial court failed to declare whether count 3 is a misdemeanor or a felony, as is required pursuant to section 702, and thus, that the court's designation of count 3 as a section 707, subdivision (b) offense is improper. Defendat further claims that the term of commitment imposed on count 3 must be stayed pursuant to Penal Code section 654. Finally, defendant contends that the commitment order improperly states that the trial court imposed a $200 restitution fine, when the court in fact imposed a fine in the amount of $100. Court reverse and remand with directions.
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