Disposition Phase

Name: In re D.D.
Case #: A140704
Opinion Date: 02/23/2015
  • Categories: Delinquency (602), Disposition Phase, Wobblers (Manzy W.)

Summary

Although minors are prohibited from possessing a concealable firearm, this does not mean a minor's commission of such offense is automatically punishable as a felony under Penal Code section 25400, subdivision (c)(4). Police approached and questioned D. when they saw…

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Name: In re M.G.
Case #: A139471
Opinion Date: 08/14/2014
  • Categories: Delinquency (602), Disposition Phase, Legislation, Statutory Construction, Wobblers (Manzy W.)

Summary

Although minors may not legally possess a concealable firearm, this does not mean a minor's possession of a concealed firearm is automatically punishable as a felony under Penal Code section 25400, subdivision (c)(4). During a search of M.G.'s backpack, police…

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Name: In re Gary F.
Case #: H039701
Opinion Date: 05/30/2014
  • Categories: Aiding and Abetting, Attorney Fees, Crimes, Delinquency (602), Disposition Phase, Elements of Crimes, Fines & Fees, Sentencing

Summary

Juvenile court is not authorized to impose attorney fees on a minor who is under 18 years of age when counsel is appointed. The juvenile court sustained a Welfare and Institutions Code section 602 petition charging residential burglary against the…

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Name: In re Travis J.
Case #: A137797
Opinion Date: 12/17/2013
  • Categories: Delinquency (602), Disposition Phase, DJF Commitment (Dept. of Juv. Facilities), Plea Bargaining, Pleas

Summary

Plea agreements that include a stipulated disposition are permissible in juvenile court proceedings. Minor entered into a plea agreement whereby he admitted specified felony charges and stipulated to commitment to the Department of Corrections and Rehabilitation Division of Juvenile Justice…

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Name: In re Oscar A.
Case #: D062817
Opinion Date: 06/28/2013
  • Categories: Delinquency (602), Disposition Phase, Disposition Placement (other than DJF)

Summary

Juvenile court did not abuse its discretion by ordering out-of-state placement of a minor where in-state facilities were not adequately addressing the minor's needs and the higher level of care offered at the out-of-state facility would best serve his interests.…

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Name: In re P.A.
Case #: E053608
Opinion Date: 11/15/2012
  • Categories: Delinquency (602), Disposition Phase, Jurisdictional Hearing, Max. Term of Confinement, Probation Conditions

Summary

The juvenile court correctly declined to make any statement regarding the minor's maximum term of confinement when it continued the minor in his parents' custody at the disposition hearing; the court's statements at the jurisdiction hearing regarding the maximum term…

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Name: In re Jeffrey H.
Case #: G043777
Opinion Date: 06/02/2011
  • Categories: Appealable Orders, Appeals, Delinquency (602), Disposition Phase, Plea Bargaining, Pleas

Summary

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…

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