People v. Sergio L. (C055334, 3rd Dist. 2008)

Outcome: Juvenile sentence reduced

Description: A juvenile case whose lengthy and complex procedural history contributed to confusion during sentencing. In the end, however, the Third District Court of Appeal agreed that the juvenile court had miscalculated “the maximum term of physical confinement” by using the wrong upper-term for the base count, and also had failed to exercise its discretion by setting that maximum term of physical confinement without properly considering the “facts and circumstances,” as it was required to do under Welfare and Institutions Code, section 731, subdivision (b). The case has now been remanded for re-sentencing.