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Name: In re Manuel G.
Case #: D038525
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/23/2002
Subsequent History: Rev. denied 2/25/03.

Amendments to Welfare and Institutions Code section 781 by Proposition 21 precluded the sealing of the minor’s juvenile record relating to his 1995 offense in violation of Penal Code section 288, subdivision (b) (forcible lewd act on a child under 14). However, the People had no statutory right to appeal the order of the juvenile court granting the minor’s petition to seal the record, on the theory that to prevent sealing would violate equal protection and ex post facto guarantees. Nevertheless, the court treated the People’s purported appeal as a mandate petition, which it granted, finding no constitutional impediments.