Skip to content
Name: In re Jeffrey H.
Case #: G043777
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/02/2011

The People’s right to appeal from a juvenile disposition of a grant of probation is based on Welfare and Institutions Code section 800, subdivision (b)(4) which allows the People to appeal from an order dismissing or terminating the action altogether or only a part of the action. The juvenile court in this case dismissed a robbery allegation and added a grand theft allegation which was admitted without the People’s consent and the court failed to explain how the dismissal of the robbery allegation would further the ends of justice. The trial court exceeded its authority in amending a petition over the People’s objection. The court has no authority to substitute itself as the representative of the People in negotiating such a disposition.