Disposition Phase

Name: In re Carlos E.
Case #: F045287
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/01/2005
  • Categories: Delinquency (602), Disposition Phase, Legislation, Statutory Construction

Welfare and Institutions Code section 731, amended by Senate Bill No. 459 (2003-2004 Reg. Sess.), operative January 1, 2004, requires the juvenile court to exercise its discretion to determine the maximum term of a minor's confinement at CYA based on…

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Name: In re I. M.
Case #: A105503
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/20/2005
Subsequent History: Revw den. 5/11/05
  • Categories: Delinquency (602), Disposition Phase, Restitution, Sentencing

A court may order a minor who was an accessory after the fact to murder to pay restitution to a victim’s family for funeral expenses. The juvenile court found true allegations that the minor had acted as an accessory to…

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Name: In re Ernesto H.
Case #: H026961
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/01/2004
Subsequent History: 3/2/05: rev. den.
  • Categories: Areas Constitutional Law, Crimes, Delinquency (602), Disposition Phase, Elements of Crimes, Freedom of Speech

A juvenile who verbally threatened a teacher was not entitled to First Amendment protection. The minor here responded to a teacher’s instructions by clenching his fists, stepping towards the teacher, and saying, "Yell at me again and see what happens."…

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Name: In re Edy D.
Case #: B166775
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/26/2004
  • Categories: Delinquency (602), Disposition Phase

Due process prohibits a juvenile court from considering a minor’s choice to adjudicate the allegations against him in determining the proper disposition. At the time that the minor rejected the offered plea agreement, the court informed counsel that probation under…

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Name: Egar v. Superior Court
Case #: B174364
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/27/2004
  • Categories: Delinquency (602), Disposition Phase

The court security fee imposed for every criminal conviction does not apply to juvenile wardship cases. Penal Code section 1465.8 by its own terms does not apply to juvenile cases, because a juvenile adjudication is not a "conviction."

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Name: In re Brian N.
Case #: F044322
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/12/2004
Subsequent History: 7/12/04: rhg. den.; 9/29/04: revw. den.
  • Categories: Delinquency (602), Disposition Phase, Restitution, Sentencing

A juvenile who started a fire by playing with fireworks was properly ordered to pay restitution to the fire department that battled the fire. After the minor was judged a ward of the court and placed on probation, the juvenile…

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Name: In re Byron B.
Case #: E034871
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/24/2004
  • Categories: Delinquency (602), Disposition Phase, Probation, Probation / Parole / PRCS

A juvenile court may order, as a condition of probation, that a juvenile not associate with anyone disapproved of by his probation officer. Declining to reach the issue of whether the minor waived the issue by failing to object, the…

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Name: People v. Garcia
Case #: F042317
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/20/2004
Subsequent History: None
  • Categories: Delinquency (602), Disposition Phase, Probation Report, Sentencing

A juvenile charged under Proposition 21 may be sentenced as an adult without consideration of a social study. The seventeen-year-old minor in this case was sentenced to an aggregate term of 45 years to life for various assault and weapons…

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Name: In re Veronique P.
Case #: F043917
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/04/2004
  • Categories: Delinquency (602), Disposition Phase

The 14-year-old minor admitted that she committed a violation of Penal Code section 245, subdivision (a)(1), assault with a deadly weapon. The court designated her offense as falling within section Welfare and Institutions Code section 707, subdivision (b). On appeal,…

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Name: In re Ronny P.
Case #: B166593
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 04/22/2004
Subsequent History: Rev. den. 7/14/04
  • Categories: Delinquency (602), Disposition Phase

Appellant was found to be a ward of the court under Welfare and Institutions Code section 602, for violating Penal Code sections 245 (a) and 415. He was committed to a camp community placement program for a minimum of 120…

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