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Name: In re D.D.
Case #: A140704
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 02/23/2015

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 him smoking marijuana. They patted him down and found a loaded automatic firearm. A petition charging him with the felonies of carrying a loaded (Pen. Code, § 25850, subd. (a)) concealed (Pen. Code, § 25400, subd. (a)(2)) firearm in public was found true. The juvenile court found the offenses were mandatory felonies. On appeal, D. challenged this finding. Held: Reversed…

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Name: In re M.G.
Case #: A139471
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 08/14/2014

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 found a firearm and bullets. After his motion to suppress was denied, M.G. admitted carrying a concealed firearm in violation of section 25400, subdivision (a)(2), which is a wobbler. On appeal, M.G. argued that the juvenile court erred by declaring the offense a felony. Held: Remanded for further proceedings. Possession of a concealed firearm is punishable as a felony "[i]f…

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Name: In re Gary F.
Case #: H039701
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/30/2014

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 17-year-old minor. Without objection, it also assessed attorney's fees against the minor, who at the time of disposition was 18 years old. On appeal he challenged the sufficiency of the evidence and the court's award of attorney's fees. Held: Fees reversed. Although it is unclear whether the court assessed attorney's fees against the minor or his parents, the court-signed order…

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Name: In re Travis J.
Case #: A137797
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/17/2013

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 (DJJ). In exchange, the prosecution agreed not to pursue a fitness hearing and to dismiss other counts. The court sentenced minor per the terms of the agreement. On appeal, minor contended that plea bargains are not permitted to usurp the juvenile court's dispositional duties, relying on California Rules of Court, rule 5.778. Held: Affirmed. Plea bargaining is an accepted practice…

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Name: In re Ricardo C.
Case #: E057445
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/16/2013

In a delinquency proceeding, where the plea agreement of the parties, as agreed to by the court, specified a specific placement, the prosecution is entitled to the bargained-for disposition. In exchange for the dismissal of other charges, minor admitted attempted robbery and criminal threats allegations with the understanding he would be adjudicated a ward of the court and placed in a Youth Offender Program (YOP). A subsequent probation report, however, recommended probation and an out-of-home placement instead of placement in YOP. Denying the prosecution's request to set aside the plea agreement, the court adopted the recommendation in the probation report…

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Name: In re David R.
Case #: A136798
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/10/2013

Arson registration requirement is stricken where juvenile offender was not committed to DJF. The minor was adjudicated a ward after the court determined that he committed arson. The court granted probation and ordered the minor to register pursuant to Penal Code section 457.1. On appeal, the minor challenged the registration requirement because he was not committed to, or paroled from DJF. The appellate court agreed and ordered the registration requirement stricken. The plain language of section 457.1 requires registration of juvenile wards only when they are discharged or paroled from the DJF after having been committed for arson or attempted…

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Name: In re Oscar A.
Case #: D062817
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/28/2013

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. After being declared a ward of the juvenile court in 2009, the minor admitted violating his probation on no fewer than ten times. He was initially placed with family but when he continued to violate conditions of probation, he was eventually ordered into out-of-home placements in California. Again, he was unsuccessful and, ultimately, the court placed him in an out-of-state…

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Name: In re P.A.
Case #: E053608
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/15/2012

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 of confinement do not need to be stricken. At a contested jurisdiction hearing, the juvenile court found true allegations that the minor violated Penal Code sections 69 and 148, subdivision (a)(1) and stated the maximum period of confinement. At the disposition hearing, the court did not remove the minor from his parents' custody and did not make any statement regarding…

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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…

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Name: In re Alexander A.
Case #: D056674
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/10/2011

The juvenile court's victim restitution order may be based on repair cost of property even if it exceeds replacement cost. The minor was adjudged a court ward for felony vandalism which resulted in damage to a school mural and a car. At the restitution hearing, the owner of the car submitted a repair estimate of over $8000, and said he considered replacing the car, which had a blue book value of $5300 for the same model in excellent condition. Defense counsel presented evidence showing the non-dealer purchase price of the same car in excellent condition was $4200,…

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