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Name: People v. Haro
Case #: C071328
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/21/2013
Summary

A prior juvenile adjudication dismissed under Welfare and Institutions Code 782 does not qualify as a prior “strike” conviction under the Three Strikes Law. Appellant pled no contest to stalking and admitted a prior juvenile adjudication for robbery alleged as a “strike” after the trial court denied his motion to dismiss the “strike.” In the trial court and on appeal, appellant argued that the strike allegation should be dismissed because the delinquency petition underlying his robbery adjudication was dismissed under section 782. Held: Reversed. Section 782 is a general dismissal statute akin to Penal Code section 1385 which, as a matter of law, erases the prior conviction as if the defendant had never suffered it in the first instance. Unlike Penal Code section 1203.4 or Welfare and Institutions Code section 1772, section 782 contains no provision addressing the effect of the dismissal on the sentence in a different case. If the Legislature intended section 782 to have the same prospective adverse consequences as these statutes, it would have added language to that effect to section 782.