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Filed 11/5/26 In re A.V. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 2