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Name: In re Tony R. (2023) 98 Cal.App.5th 395
Case #: A166850
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 12/28/2023

A juvenile ward’s good behavior and positive performance at a secured youth treatment facility does not automatically entitle him to a six-month reduction of his baseline term of confinement. The 14-year-old minor and two other youths were involved in a robbery that resulted in severe injuries to the victims. The minor pleaded no contest to one count of attempted murder, one count of second degree robbery, and admitted enhancements for personal use of a firearm, infliction of great bodily injury causing coma and paralysis, and infliction of great bodily injury on an elderly victim. He was committed to a secured youth…

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Name: In re R.G.
Case #: B290029
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/13/2019

The resentencing provisions of Penal Code section 1170.95 (Senate Bill No. 1437) apply to a juvenile whose murder allegation was sustained by the juvenile court on a natural and probable consequences theory. The juvenile court sustained an allegation that the minor committed second degree murder as the natural and probable consequence of a gang assault. On appeal, the minor sought reversal of the finding based on retroactive application of SB 1437, which eliminated the natural and probable consequences doctrine of murder. Held: Affirmed. Prior to the enactment of SB 1437, a defendant who aided and abetted a crime, the…

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Name: In re N.R.
Case #: B278221
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/21/2017

Juvenile court did not abuse its discretion by lifting minor's deferred entry of judgment based on minor's decision to discontinue his education in violation of his probation terms. In a juvenile delinquency proceeding, appellant admitted driving a vehicle without consent (Veh. Code, § 10851, subd. (a)) and admitted that he was failing his high school classes. The juvenile court granted deferred entry of judgment with terms of probation that required appellant to attend school every day, maintain at least a C grade in each class, and participate in a program to obtain a high school diploma or GED. Appellant complied…

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Name: S.V. v. Superior Court (Harris)
Case #: G053903
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/31/2017

Juvenile court erred in ordering the release of a redacted portion of a minor's sealed juvenile delinquency file to a defendant in a pending criminal case. A juvenile court dismissed a delinquency petition and sealed the minor S.V.'s records pursuant to Welfare and Institutions Code section 786. Harris, a criminal defendant charged with pimping, pandering, and human trafficking of S.V., later filed a request for disclosure of S.V.'s sealed records as she is likely to be a witness at Harris' upcoming trial. The juvenile court reviewed S.V.'s file and ordered a redacted portion be released to Harris. S.V. filed a…

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Name: In re David T.
Case #: A148563
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/26/2017

Juvenile court erred in concluding it could not seal records after it had set aside a robbery finding and dismissed the delinquency petition under Welfare and Institutions Code section 782. Appellant was 17 years old when the juvenile court sustained a robbery allegation against him. In 2016, at age 38, appellant filed a motion to set aside the robbery finding and dismiss the delinquency petition pursuant to section 782 and to seal his juvenile records pursuant to Welfare and Institutions Code section 781. The court granted his motion to set aside the robbery finding and dismiss the petition because appellant…

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Name: In re Jose S.
Case #: D070521
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/21/2017

Juvenile court may not seal a portion of a juvenile court record where one of two separately brought petitions included a disqualifying offense, because both petitions are part of the same case. In 2002, Jose admitted an allegation in a Welfare and Institutions Code section 602 proceeding of committing lewd acts on a minor (Pen. Code, § 288, subd. (b)). In 2005 a subsequent petition charged him with assault with a deadly weapon. Jose admitted this allegation. He moved in 2015 to seal his juvenile records (Welf. & Inst. Code, § 781). The trial court wanted to seal records for…

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Name: In re A.V.
Case #: A148307
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/12/2017

Under Welfare and Institutions Code section 786, a ward's compliance with probation cannot be satisfactory for dismissal purposes but unsatisfactory for record-sealing purposes. After A.V. completed juvenile probation, the court dismissed the Welfare and Institutions Code section 602 petition but declined to seal his record because he had suffered a few probation violations. A.V. appealed. Held: Reversed. When a ward "satisfactorily completes" probation, section 786 provides streamlined procedures for dismissing the section 602 petition and sealing the juvenile's record to make it as if the arrest had never occurred. A ward "satisfactorily completes" probation if he has no new findings…

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Name: In re I.F.
Case #: A146979
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/16/2017

Juvenile court erred by failing to apply new statute governing the sealing of juvenile records (Welf. & Inst. Code, § 786) in appellant's case where his petition to seal his records was pending on the January 1, 2015 effective date of the statute. In juvenile delinquency proceedings, I.F. admitted grand theft and was placed on probation. The juvenile court ultimately found that I.F. successfully completed probation and terminated jurisdiction and wardship. In December 2014, I.F. filed a petition to seal his juvenile records under Welfare and Institutions Code former section 781, subdivision (a). In October 2015, based on the probation…

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Name: In re Joshua R.
Case #: G052965
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/19/2017

Juvenile court erred by refusing to seal records where minor successfully completed probation but was still subject to firearms ban until he turns 30. Joshua was adjudged a ward in juvenile court and placed on probation. After he successfully completed probation, the court granted his motion to withdraw his plea, terminated his probation, and dismissed the Welfare and Institutions Code section 602 petition. However, the court declined to seal his records, reasoning that one of the probation conditions prohibited him from possessing a firearm until he turns 30. Joshua appealed. Held: Reversed. Under Welfare and Institutions Code section 786, "If…

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Name: In re Y.A.
Case #: D068405
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/14/2016

Minor's request to dismiss and seal records on one juvenile delinquency petition did not require similar dismissal of prior delinquency petition. In 2013 a Welfare and Institutions Code section 602 petition was sustained against the minor for delaying a police officer (Pen. Code, § 148, subd. (a)(1)). The minor was placed on probation, but later violated probation by using drugs and missing school. She was ordered detained at juvenile hall pending completion of a rehabilitation program. A second petition was sustained in 2014, for resisting an officer by force (Pen. Code, § 69). The minor was placed in the Breaking…

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