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Name: In re Hunter W.
Case #: D079942
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/15/2023

In a juvenile delinquency case, the matter is final for purposes of In re Estrada (1965) 63 Cal.2d 740 once direct review of the dispositional order is exhausted. In 2016, the juvenile court placed minor H.W. on conditional probation after he admitted charges of assault with a deadly weapon and driving under the influence. Probation was later revoked and H.W. was committed to DJJ for the maximum term of seven years. This dispositional order was affirmed on direct appeal in 2019. In December 2021, H.W. filed a petition to modify the commitment order to six years under new law Senate…

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Name: In re Carlos J.
Case #: A151369
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 04/10/2018

Juvenile court's commitment of ward to the Department of Juvenile Facilities (DJF) reversed where the appellate record did not contain substantial evidence of probable benefit to the minor from the commitment. In February 2017, the minor admitted allegations in a Welfare and Institutions Code section 602 petition that he committed an assault with a firearm (Pen. Code, § 245, subd. (a)(2)) for the benefit of a gang (Pen. Code, § 186.22, subd. (b)(1)(B)). The admission was based on an incident where the minor and an older male participated in a gang-related shooting. Following a contested dispositional hearing, the minor was…

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Name: In re J.S.
Case #: D070163
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/05/2016

Juvenile court did not err by designating minor to be a dual status child where county had a dual status protocol in place and minor was not responding to dependency services. After her father raped her, J.S. tried to commit suicide. Her family was unwilling to care for her so she became a dependent of the juvenile court (Welf. & Inst. Code, § 300). She lashed out by destroying group home property and assaulting a fellow psych patient. A section 602 petition was filed. Probation and the San Diego County Department of Health and Human Services conferred and recommended dual…

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Name: People v. E.G.
Case #: A146287
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/14/2016

Penal Code section 17, which allows a trial court to reduce a felony offense to a misdemeanor, applies to juvenile proceedings. In 2013, the minor entered an admission to battery with serious bodily injury (Pen. Code, § 243, subd. (d)) and grand theft from the person (Pen. Code, § 487, subd. (c)), and was granted probation. On the minor's first appeal, the case was remanded so the juvenile court could declare whether the offenses were felonies or misdemeanors (Welf. & Inst. Code, § 702). The minor's grand theft offense was subsequently reduced to a misdemeanor (Prop. 47); the battery was…

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Name: In re A.S.
Case #: A144487
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/16/2016
Subsequent History: Review granted 5/25/2016: S233932

Electronics search term of probation valid for minor, who had a troubled background and mental problems, to prevent future criminality and ensure compliance with probation terms. The minor admitted allegations in a juvenile delinquency petition (Welf. & Inst. Code, § 602) that she committed a misdemeanor assault by means of force likely to inflict great bodily injury (Pen. Code, § 245, subd. (a)(4)). She appealed the juvenile court's imposition of an electronics search term of probation. Held: Affirmed. A juvenile court may impose reasonable probation terms to aid in the rehabilitation of the minor (Welf. & Inst. Code, § 730,…

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Name: In re Nichole H.
Case #: A143734
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 02/16/2016

Juvenile court abused its discretion by placing delinquent minor in a group home a substantial distance away from her father's residence. The minor participated in an assault and beating of another minor. She admitted an allegation that she committed an assault by means of force likely to inflict great bodily injury (Pen. Code, § 245, subd. (a)(4)). At the dispositional hearing the minor was ordered removed from her father's custody and detained in juvenile hall pending placement. The minor resided in Contra Costa County. In determining appropriate placement, the court considered several alternatives that were within 30 to 40 miles…

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Name: In re M.L.
Case #: A142299
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 12/16/2015

Juvenile court properly committed minor to the Division of Juvenile Facilities (DJF) where minor committed an offense that was eligible for DJF commitment and an offense that was not eligible for DJF commitment simultaneously. M.L. admitted allegations in a juvenile delinquency petition that he committed a robbery and possessed a concealable firearm. He was committed to DJF. On appeal, M.L. claimed his "most recent offense," was possession of a concealable firearm, which is ineligible for a DJF commitment (Welf. & Inst. Code, § 733, subd. (c)). Held: Affirmed. A DJF commitment is prohibited where the minor had been adjudged…

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Name: In re Patrick F.
Case #: A143586
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 11/12/2015

Probation condition requiring juvenile offender to provide passwords and submit any electronic devices under his control to search was constitutionally overbroad. The minor admitted an allegation in a wardship petition that he committed second degree burglary and was placed on probation. Over the minor's objection, the juvenile court imposed a probation search condition requiring the minor to submit "any electronics and passwords under [his] control" to a search. The minor appealed. Held: Probation term modified. A juvenile court has broad discretion to fashion probation terms for a minor offender, but its discretion is not boundless. A probation condition which impinges…

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Name: In re Christian H.
Case #: A141758
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/29/2015

Juvenile court erred by ordering delinquent minor placed with his mother in Honduras, while also finding that returning the minor to Honduras would not be in his best interest. The minor, who had entered the country illegally after a prior deportation, admitted he possessed an illegal drug as alleged in a juvenile wardship petition. Immigration and Customs Enforcement (ICE) placed a hold on the minor. Following a contested dispositional hearing, the juvenile court granted probation and ordered the minor to live with his mother in Honduras. In response to a defense motion, the court made the findings required to…

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Name: People v. Joseph H.
Case #: E059942
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/08/2015

It was harmless error for police to ask minor, who was under 14 years old, questions that were designed to establish that he appreciated the wrongfulness of his conduct (Gladys R. questionnaire) without first giving Miranda warnings. When he was 10 years old, the minor shot and killed his sleeping father. A wardship petition was filed alleging murder and gun use. After a contested hearing, the court found the minor understood the wrongfulness of his conduct (Pen. Code, § 26), sustained the allegations in the petition, and committed the minor to the Department of Juvenile Justice (DJJ). The minor raised…

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