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Name: M.E. v. Superior Court (2023) 88 Cal.App.5th 1199
Case #: B323404
District 2 DCA
Division: 6
Opinion Date: 03/06/2023

Because the juvenile court lacked jurisdiction over a 26-year-old person, he could not be placed on deferred entry of judgment (Welf. & Inst. Code, § 790) in the juvenile court for an offense committed as a minor. In 2022, a WIC section 602 petition was filed against 25-year-old petitioner regarding a crime committed as a minor. The juvenile court granted deferred entry of judgment (DEJ) (§ 790). Petitioner sought writ relief, citing lack of jurisdiction due to his age. Held: Writ of mandate issued directing the superior court to vacate its order granting DEJ and dismiss the 602 petition. An…

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Name: People v. Pineda
Case #: B267885
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 08/14/2017

A juvenile offender who was directly charged in adult criminal court, but whose case is not yet final, is entitled to the benefit of Proposition 57's elimination of direct filing authority. In 2014, when he was 17 years old, Pineda shot and killed a man. At that time, prosecutors were authorized to file murder charges against a juvenile over the age of 16 directly in a court of criminal jurisdiction. Using this "direct file" procedure, the prosecutor charged Pineda with murder in criminal court. He was convicted of second degree murder with a gun use allegation found true. On appeal,…

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Name: In re I.S.
Case #: A147004
District 1 DCA
Division: 1
Opinion Date: 12/08/2016

A juvenile court that accepts transfer of an entire delinquency case from another county has the power to rule on a Proposition 47 petition to recall the disposition made by the transferor county. I.S. pleaded no contest to felony theft in Contra Costa County Juvenile Court. After his family moved, I.S. filed a Proposition 47 petition in the San Francisco Juvenile Court to reduce his felony theft offense to misdemeanor larceny. The petition was denied without prejudice on the ground that only the Contra Costa court had jurisdiction to act on I.S.'s petition. He appealed. …

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Name: Steven R. v. Superior Court
Case #: C077757
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/26/2015

Juvenile court lacked jurisdiction to dismiss Welfare and Institutions Code section 602 petition following the transfer of the case from another county for disposition. In San Francisco County Juvenile Court, Steven R. admitted a concealed weapon violation. The case was transferred to Sacramento for disposition because the minor was on probation for robbery in that county. The Sacramento County district attorney filed a notice of probation violation based on the San Francisco offense and moved to dismiss the petition in that case (Welf. & Inst. Code, § 782) to make the minor eligible for a DJF commitment based on…

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Name: In re Keith C.
Case #: A141529
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 04/24/2015

Where juvenile court orders a minor to pay restitution, the court has authority to enter an abstract of judgment restating the restitution order upon termination of the wardship after the ward turns 21. In February 2006, Keith admitted an allegation in an amended wardship petition that he received stolen property. The victim of the offense was awarded restitution. Keith defaulted on the restitution and thereafter failed to appear at review hearings. Over defense objection, in March 2014, after Keith was over 21 years old, the court issued a JV-790 Judicial Council Form abstracting the restitution order. The minor appealed, claiming…

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Name: In re V.C.
Case #: C071156
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/02/2013

Under Welfare and Institutions Code section 603.5, subdivision (a), jurisdiction is determined at the time the initial petition is filed in juvenile court. A petition was filed in juvenile court alleging violations of Vehicle Code sections 12500, subdivision (a), a misdemeanor, and 22350, an infraction. Following a contested jurisdictional hearing, the juvenile court dismissed the section 12500, subdivision (a) charge for insufficient evidence and found the section 22350 offense true. The court denied the minor's motion to dismiss for lack of jurisdiction and placed the minor on court probation with conditions. Affirmed. Welfare and Institutions Code section 603.5 provides that…

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Name: In re Q.N.
Case #: C064967
District 3 DCA
Opinion Date: 12/07/2012

Juvenile court lacked authority to issue order requiring county office of education to fund a minor's residential placement since the office was not joined as a party under Welfare and Institutions Code section 727. Minor was adjudged a ward of the juvenile court and committed to the probation department for suitable placement. The county department of mental health recommended a residential placement and other services but, due to confusion regarding which school district the minor would reside in when she left the detention facility, the department was unable to identify a responsible school district to handle the education…

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Name: Timothy J. v. Superior Court
Case #: C052781
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/10/2007

The juvenile court applied the wrong standard when it denied the minors' requests for a determination of incompetency because there was no evidence of mental disorder or developmental disability. The two minors were ages 11 and 12 when they were charged in juvenile court. In this writ proceeding, both contended that the juvenile court erred in denying their requests for a determination of incompetency, because the court's ruling was based on the ground that neither minor had a mental disorder or developmental disability. They argued that under Rule 1498(d), a minor may be found incompetent on the…

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Name: People v. Superior Court (Marcelina M.)
Case #: F047953
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/19/2005

A minor’s plea in criminal court does not require an automatic transfer of any subsequent juvenile petition to criminal court. The minor was charged in adult court with various offenses falling under Welfare and Institutions Code section 707(b), as well as offenses that are not included under that section. The prosecutor filed the accusatory pleading in adult court under section 707(d), bypassing the juvenile court. The minor ultimately pled no contest to one count of false imprisonment by violence, an offense that does not fall under section 707(b), and admitted that she was over 16 at the…

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Name: In re Kenneth S.
Case #: B178488
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 09/21/2005

A juvenile questioned alone in a room at the police station was not in custody for the purposes of Miranda v. Arizona (1966) 384 U.S. 436 where his foster parent voluntarily brought him to the police station. Before the disposition hearing in this case, the minor successfully moved for a new trial on the ground that the then-recent decision in Missouri v. Seibert (2004) 542 U.S. 600 established that he was in custody at the time that he confessed to the offense, and that because he had not received any Miranda warnings, his confession should not have been admitted.…

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