In re Greg F. 8/27/12 SC

State: California

Docket No: S191868

Case Date: 08/27/2012

Preview:Filed 8/27/12

IN THE SUPREME COURT OF CALIFORNIA

In re GREG F., a Person Coming ) Under the Juvenile Court Law. ) ___________________________________ ) ) THE PEOPLE, ) ) Plaintiff and Respondent, ) ) v. ) ) GREG F., ) ) Defendant and Appellant. ) ____________________________________)

S191868 Ct.App. 1/5 A127161 Sonoma County Super. Ct. No. 35283J

This case involves the interplay between two statutes governing juvenile delinquency dispositions. Welfare and Institutions Code section 733, subdivision (c) (section 733(c))1 establishes a general rule that a ward cannot be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF), unless "the most recent offense alleged in any petition and admitted or found to be true by the court" (italics added) is one of the violent offenses listed in section 707, subdivision (b) (section 707(b)). On the other hand, section 782 provides that the juvenile court has the power to dismiss any wardship petition if "the interests of justice and the welfare of the minor require such dismissal."
1

All unspecified statutory references are to the Welfare and Institutions

Code. 1

These two provisions may both come into play when a ward on probation for a DJF-eligible offense commits a new offense that is not listed in section 707(b). If the prosecution files a notice of a probation violation under section 777 (777 notice), the court has the power to revoke the wards probation and commit the ward to DJF. However, if the prosecution files a new section 602 petition (602 petition), the plain language of section 733(c) will prohibit the court from ordering a DJF commitment if the allegation is admitted or found true because the new offense is the "most recent offense alleged in any petition" and is not DJF eligible. The question arises whether, under these circumstances, the juvenile court may use its broad discretion under section 782 to dismiss the second petition so that the matter can be treated as a probation violation, allowing the ward to be committed to DJF. Based on the plain language of the statutes, legislative history, and the policies served by the juvenile court law, we conclude the court has that discretion. I. BACKGROUND A. September 2008 Assault on Joseph C. On September 16, 2008, 11-year-old Joseph C. was riding his bicycle in Santa Rosa when a car stopped next to him. The minor, Greg F., and two other boys jumped out, yelling Norte

Download S191868.PDF