In re A.V. CA1/3
CourtCalifornia Court of Appeal
Date FiledNovember 5, 2026
DocketA175484
StatusUnpublished
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Full Opinion
Filed 11/5/26 In re A.V. CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
In re A.V., a Person Coming Under
the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent, A175484
v.
(Marin County
A.V.,
Super. Ct. No. JJ0000258)
Defendant and Appellant.
MEMORANDUM OPINION1
Appellant, joined by respondent, requests remand for the juvenile court
to set the maximum term of confinement. We agree the juvenile court erred
by failing to set the maximum term and shall remand.
Welfare and Institutions Code section 726, subdivision (d)(1)
(undesignated statutory references are to this code) provides that when a
minor is removed from a parent’s or guardian’s physical custody as the result
of a section 602 wardship order, the order “shall specify” that the minor may
not be confined beyond the middle term an adult could receive for the same
1 We resolve this case by memorandum opinion, reciting only those
facts necessary to resolve the issue raised. (Cal. Stds. Jud. Admin., § 8.1;
People v. Garcia (2002) 97 Cal.App.4th 847, 851.)
offense(s). Confinement expressly includes placement in a juvenile hall
(§ 726, subd. (d)(5)), and section 730 is construed to allow juvenile hall
confinement as a probation condition. (In re Ronny P. (2004) 117 Cal.App.4th
1204, 1207.)
Here, on December 8, 2025, the juvenile court placed appellant on
probation with a 364-day juvenile hall commitment, thereby removing him
from his mother’s custody. The mandatory duty to set a maximum
confinement term was therefore triggered, but the court set no maximum
term either orally or in the disposition order, which is clear error. (See In re
Edward B. (2017) 10 Cal.App.5th 1228, 1238 [remand necessary when the
juvenile court failed to set a maximum confinement time and minor was
removed from parents’ custody].)
DISPOSITION
The matter is remanded to the trial court solely to set the maximum
term of confinement in accordance with section 726, subdivision (d)(1). The
judgment is otherwise affirmed.
PETROU, J.
WE CONCUR:
TUCHER, P. J.
FUJISAKI, J.
A175484 / In re A.V.
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