Disposition Phase Archives | Page 3 of 12

Categories: Delinquency (602), Disposition Phase, Legislation, Statutory Construction

Summary

A minor who commits a sex offense listed in Penal Code section 290.008 is eligible for DJF commitment even if that offense is not one listed in Welfare and Institutions Code section 707, subdivision (b). The Court of Appeal considered…

View Full Summary

Name: In re Jose T.

Case #: A128020

Opinion Date: 12/20/2010

Categories: Delinquency (602), Disposition Phase

Summary

Before the juvenile court can impose a stayed DJJ commitment, the court must find that the previous disposition was ineffective in rehabilitating the minor and that the commitment will benefit him. The lifting of a stayed commitment cannot be automatic.…

View Full Summary

Name: In re J.L.

Case #: G040507

Opinion Date: 12/16/2010

Categories: Areas Constitutional Law, Delinquency (602), Disposition Phase, Other, Penalties/Registration, Right to Jury Trial, Sentencing, Trial Proceedings

Summary

Imposition of residency restrictions on a juvenile are so overwhelmingly punitive that a minor should be afforded a jury trial on the alleged sexual offense before the restrictions can be imposed. The juvenile court found the minor committed four lewd…

View Full Summary

Name: In re E.O.

Case #: H035462

Opinion Date: 09/29/2010

Categories: Delinquency (602), Disposition Phase, Probation, Probation / Parole / PRCS

Summary

A probation condition prohibiting the minor from being within 25 feet of a courthouse when he knew gang proceedings were occurring was unconstitutionally overbroad. The minor was found to be a juvenile court ward and placed on probation. One probation…

View Full Summary

Name: In re Shaun R.

Case #: H035112

Opinion Date: 09/29/2010

Categories: Appealable Orders, Appeals, Delinquency (602), Disposition Phase

Summary

An order providing that all prior court orders not inconsistent with the current order remain in effect does not revive the appealability of the prior order which has already become final. The juvenile court sustained a fourth Welfare and Institutions…

View Full Summary

Name: People v. Mendez

Case #: B217683

Opinion Date: 09/01/2010

Categories: Cruel and Unusual Punishment, Delinquency (602), Disposition Phase, Sentencing

Summary

A sentence rendering a minor ineligible for parole until well beyond his life expectancy when the minor does not commit a homicide or inflict great bodily injury constitutes cruel and unusual punishment. The trial court sentenced a 16-year-old gang member…

View Full Summary

Name: In re D. G.

Case #: A126655

Opinion Date: 07/30/2010

Categories: Delinquency (602), Disposition Phase, Probation, Probation / Parole / PRCS

Summary

A probation condition banning the minor from within 150 feet of any school he does not attend was unreasonable. Appellant was made a ward of the court for burglarizing a house, and the juvenile court placed him on probation. One…

View Full Summary

Name: In re D.J.

Case #: A125867

Opinion Date: 06/03/2010

Categories: Delinquency (602), Disposition Phase

Summary

Allegations of probation violations were not contained in a "petition" within the meaning of Welfare & Institutions Code section 733, subdivision (c) and did not foreclose a commitment to the Department of Juvenile Justice. The minor was subject to juvenile…

View Full Summary

Name: In re Eric. S.

Case #: A125758

Opinion Date: 04/23/2010

Categories: Delinquency (602), Disposition Phase, Restitution, Sentencing

Summary

Victim restitution orders in delinquency proceedings may include amounts billed by an HMO for medical services even when the victim is an HMO member not required to pay for those services. The victim, a Kaiser subscriber, received medical treatment at…

View Full Summary

Name: In re Stephon L.

Case #: B215402

Opinion Date: 02/08/2010

Categories: Delinquency (602), Disposition Phase

Summary

Under juvenile court wardship proceedings, the court may elect to aggregate the period of physical confinement on multiple counts or multiple petitions, including previously sustained petitions, and if it so chooses to do so, it must also aggregate the predisposition…

View Full Summary