Juvenile court judgment sustaining defendant's count of robbery in the second degree and holding the maximum jurisdiction would be six years is affirmed where the plain meaning of Welfare and Institutions Code sec. 726 directs the juvenile court to impose the upper term of imprisonment, and thus the juvenile court did not err in selecting the upper term of five years for the robbery and adding one year for the arming enhancement.
APPEAL from a judgment of the Superior Court of Sacramento County, Richard H. Gilmour, Judge. Reversed in part and affirmed in part.
THIRD APPELLATE DISTRICT
Filed July 2, 2009
Before SIMS, J., SCOTLAND, P.J., NICHOLSON, J.
Opinion by SIMS, J.
For Plaintiff: Edmund G. Brown Jr., Attorney General, Dane R. Gillette and Michael P. Farrell, Assistant Attorneys General, Michael A. Canzoneri and Barton Bowers, Deputy Attorneys General.
For Defendant: Michael Allen, under appointment by the Court of Appeal.