Disposition Phase

Name: In re J.L.
Case #: H032639
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/16/2008
  • Categories: Delinquency (602), Disposition Phase

Although Welfare and Institutions Code section 733 does not have a provision giving the juvenile court authority to dismiss an admitted and sustained petition to avoid restrictions on DJJ commitment, the court can set aside findings and dismiss a petition…

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Name: In re G. V.
Case #: E044318
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/27/2008
  • Categories: Delinquency (602), Disposition Phase, Probation, Probation / Parole / PRCS

Welfare and Institutions Code section 742.16, subdivision (a) does not limit the juvenile court's discretion in ordering probation conditions on minors who commit vandalism. Rather, the statute mandates certain additional, specific probation conditions in vandalism cases. The juvenile court declared…

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Name: In re Jonathan T.
Case #: E043805
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/29/2008
  • Categories: Areas Constitutional Law, Delinquency (602), Disposition Phase, Due Process, Enhancements, Sentencing

Maximum confinement time was six years where the minor was not charged with, and did not admit, a robbery in concert. On appeal from his conviction for a home invasion robbery, the minor argued that the maximum confinement time should…

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Name: In re Lorenzo L.
Case #: C055693
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/09/2008
  • Categories: Credits, Delinquency (602), Disposition Phase, Sentencing

Time spent on an electronic monitoring program was not physical confinement for purposes of predispositional credit in juvenile case. The minor was committed to the DJJ, following his admission to several felony offenses. On appeal, he contended that the juvenile…

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Name: In re Vincent G.
Case #: C055068
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/23/2008
  • Categories: Admitting/Excluding, Delinquency (602), Disposition Phase, Evidence, Hearsay

In juvenile delinquency cases, relevant evidence, including hearsay, is admissible at a dispositional hearing to assist the court in determining the action to be taken in the minor's best interests. Minor was found to be within the provisions of Welfare…

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Name: In re Antonio P.
Case #: F051743
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/08/2007
Subsequent History: 10/24/07: Revw. Granted S156335
  • Categories: Constitutional Rights, Delinquency (602), Disposition Phase, Sentencing

Regardless of whether Cunningham applies to juvenile cases, the calculation of the minor's maximum period of confinement comprised in part on the upper term for the felony adjudication was proper because it was based on recidivism, a constitutionally permissible factor…

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Name: In re Christian G.
Case #: B193666
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/24/2007
  • Categories: Areas Constitutional Law, Constitutional Rights, Delinquency (602), Disposition Phase, Due Process, Sentencing

Cunningham v. California is inapplicable to juvenile cases. The minor appealed from a judgment declaring him a ward of the court and sentencing him to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ formerly known as CYA)…

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Name: In re Dina V.
Case #: A115702
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 05/25/2007
  • Categories: Delinquency (602), Disposition Phase, Restitution, Sentencing

Restitution for the cost of the repair of a stolen vehicle was proper even where it exceeded the replacement value. The minor admitted an allegation charging her with vehicle theft, and was placed on probation, with $4,419.72 restitution ordered, the…

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Name: In re Joseph M.
Case #: B190202
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/10/2007
  • Categories: Delinquency (602), Disposition Phase

The juvenile court did not abuse its discretion when it found that it had no discretion to sentence the minor to a term lower than the minimum term an adult would receive for the same offense. The juvenile court sustained…

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Name: In re Calvin S.
Case #: C051191
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/01/2007
  • Categories: Admin Searches, Delinquency (602), Disposition Phase, Search & Seizure

The Fourth Amendment does not preclude the collection of DNA samples from a juvenile adjudicated as a 602 for committing a felony. A petition was sustained which alleged the minor had committed a felony car theft. The minor was required…

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