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Name: In re D.B.
Case #: S207165
Court: CA Supreme Court
District CalSup
Opinion Date: 04/03/2014

Minor who committed a series of violent acts may not be committed to Division of Juvenile Facilities (DJF) where his most recent charged offense was nonviolent. The juvenile court sustained a wardship petition charging the minor with a number of violent offenses, including robbery, carjacking, and battery with serious bodily injury. The most recent offense charged in the petition was resisting arrest and giving false identification to police. The juvenile court committed the minor to DJF for 11 years, 8 months. The Court of Appeal reversed, finding a DJF commitment prohibited because the juvenile's most recently committed offense was nonviolent.…

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Name: In re K.J.
Case #: A137787
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 03/20/2014

Minor may be placed in the Division of Juvenile Facilities (DJF) based on amendment to Welfare and Institutions Code that occurred after he became a ward. In August 2008, the 12-year-old minor admitted molesting his younger brother (Pen. Code, § 288, subd. (a)). He was declared a ward and placed on probation in the custody of his grandparents. When they could not control him he was sent to three different residential treatment programs, but failed in each one. At a contested disposition hearing, the court committed the minor to DJF in a long-term sex offender program. The minor objected, claiming…

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Name: People v. Edward C.
Case #: A138468
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 01/31/2014

Retroactively applying amended Welfare and Institutions Code section 731, subdivision (a)(4) to commit appellant to the Division of Juvenile Facilities (DJF) did not violate ex post facto principles. Appellant was declared a ward of the court and granted probation in 2009 after he admitted two counts of continuous sexual abuse of a child (Pen. Code, § 288.5). From 2009 to November 2012, he was placed in two residential juvenile sex offenders treatment programs and his adjustment was poor, with multiple probation violations. The juvenile court sustained the district attorney's supplemental petition seeking continued jurisdiction over appellant and a modification of…

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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 J.S.
Case #: A135214
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/08/2013
Subsequent History: Ordered not published

Juvenile could not be "temporarily housed" at DJF because there was no evidence of a contract between DJF and the county. In 2009, 12-year-old J.S. was adjudicated a ward of the court pursuant to Welfare and Institutions Code section 602 based on a petition that alleged lewd and lascivious acts with a child in violation of Penal Code section 288, subdivision (a). Following an unsuccessful period of probation, the court committed J.S. to the custody of DJF for a maximum term of eight years. The Supreme Court then decided In re C.H. (2011) 53 Cal.4th 94, which interpreted sections…

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Name: In re D.B.
Case #: C067353
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/31/2012
Subsequent History: Mod. 11/7/2012; Review granted 2/20/2013: S207165

Welfare and Institutions Code section 733, subdivision (c), providing for commitment of a minor adjudged a ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF), is dependant on the most recent offense. A petition was filed alleging the minor committed seven offenses on May 23, 2010, and two offenses on May 30, 2012. The May 23, 2010, offenses included one described in Welfare and Institutions Code section 707, subdivision (b), whereas the May 30, 2012, offenses did not. The trial court found all the offenses true and committed minor to the DJF facility. Reversed. Section 733…

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Name: People v. Greg F.
Case #: S191868
Court: CA Supreme Court
District CalSup
Opinion Date: 08/27/2012

A juvenile court has discretion to dismiss a Welfare and Institutions Code section 602 petition under Welfare and Institutions Code section 782 for the purpose of allowing a DJF commitment on the minor's previously sustained 602 petition. Minor admitted a 602 petition alleging assault likely to produce great bodily injury. This offense is one listed in Welfare and Institutions Code section 707, subdivision (b), thereby making the minor eligible for a commitment to DJF under Welfare and Institutions Code section 733, subdivision (c). Instead of committing the minor to DJF, however, the juvenile court ordered an out-of-home placement. Almost…

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Name: In re C.H.
Case #: S183737
Court: CA Supreme Court
District CalSup
Opinion Date: 12/12/2011

Juvenile court lacks authority to commit minor to the Division of Juvenile Facilities (DJF) for a sex offense not listed in Welfare and Institutions Code section 707, subdivision (b), despite reference to same in section 733, subdivision (c). In January 2006 the minor admitted an allegation in a section 602 petition that he committed a lewd act on a minor (Pen. Code, § 288, subd. (a)). He was initially granted probation but violated the terms of his probation on four separate occasions. At the disposition hearing the court observed that although the minor's offense was not listed in section 707,…

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